S.D. Codified Laws § 59-11-16

Current through the 2024 Legislative Session

Section 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.

SDCL 59-11-16

SL 2008, ch 275, §16.