A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:

(1) The name of the entity;

Terms Used In South Dakota Codified Laws 59-11-15

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.

(2) The name of the agent;

(3) That the agent resigns from serving as agent for service of process for the entity; and

(4) The name and address of the person to which the agent will send notice.

A statement of resignation takes effect on the earlier of the thirty-first day after the day on which it is filed or the appointment of a new registered agent for the represented entity.

The registered agent shall, pursuant to subdivision (4), promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.

When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.

A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.

Source: SL 2008, ch 275, § 15.