The Secretary of State does not serve as agent for service of process for domestic or foreign business corporations authorized to transact business in the state under SDCL 59-11. Rather, the corporations' registered agent functions as the agent for service of process.
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.
If the corporation is conducting business without an agent and service cannot be obtained pursuant to this section, the Secretary of State will act as the agent for service of process.
In order to serve a summons, the Secretary of State must receive two copies of the signed and dated summons and complaint. An address for the defendant must be provided together with payment of the $30.00 fee.
The Secretary of State will accept service of process on nonresidents under the nonresident motorist statute SDCL 15-7-6 and the nonresident hunter statute SDCL 15-7-13.
Service of process as authorized by SDCL 15 shall be made by serving a copy thereof upon the Secretary of State, or by filing the copy in the office of the Secretary of State, together with payment of a fee of $15.
Questions regarding summonses should be addressed to your attorney, the attorney filing the lawsuit, or the court in which the lawsuit was filed. For more information regarding service of process, please contact the Business Services Division of the Office of the Secretary of State:
Office of the Secretary of State
Business Services Division
500 E Capitol Avenue
Pierre, SD 57501