59-11-16. Service of process on entities.
A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.
If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office may be as shown in the most recent annual report filed with the secretary of state. Service is perfected under this section at the earliest of:
(1)The date the entity receives the mail;
(2)The date shown on the return receipt, if signed on behalf of the entity; or
(3)Five days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage.
Source: SL 2008, ch 275, ยง16.
Structure South Dakota Codified Laws
Chapter 11 - Model Registered Agents Act
Section 59-11-1 - Short title.
Section 59-11-2 - Definition of terms.
Section 59-11-3 - Filing fees.
Section 59-11-4 - Copying and certification fees.
Section 59-11-5 - Addresses in filings.
Section 59-11-6 - Appointment of registered agent.
Section 59-11-7 - Listing of commercial registered agent.
Section 59-11-8 - Index of commercial registered agent listing statements.
Section 59-11-9 - Termination of listing of commercial registered agent.
Section 59-11-10 - Service of process until new registered agent is appointed.
Section 59-11-11 - Change of registered agent by entity.
Section 59-11-12 - Change of name or address by noncommercial registered agent.
Section 59-11-13 - Change of name, address, or type of organization by commercial registered agent.
Section 59-11-14 - Cancellation of listing for failure to file statement of change of address.
Section 59-11-15 - Resignation of registered agent.
Section 59-11-16 - Service of process on entities.
Section 59-11-17 - Alternative service of process.
Section 59-11-18 - Forms of service.
Section 59-11-19 - Perfection of service.
Section 59-11-20 - Duties of registered agent.
Section 59-11-21 - Jurisdiction and venue.
Section 59-11-22 - Consistency of application.
Section 59-11-23 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 59-11-24 - Annual report.
Section 59-11-24.1 - Voluntary disclosure of beneficial interests.
Section 59-11-25 - Time for filing annual report.
Section 59-11-26 - Correction of annual report.