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37-11 REGISTRATION OF BUSINESS NAMES
CHAPTER 37-11

REGISTRATION OF BUSINESS NAMES

37-11-1      Filing of fictitious name statement required--Exceptions--Violation as misdemeanor.
37-11-2      Statement filed on change in ownership of business--Fee.
37-11-2.1      Repealed.
37-11-3      Information recorded by secretary of state and register of deeds.
37-11-4      Liability for business debts of persons shown as interested in business.
37-11-5      Filing of statement required before bringing action for business debt--Refusal of person interested to verify statement.
37-11-6      Repealed.
37-11-7      Repealed.


37-11-1 Filing of fictitious name statement required--Exceptions--Violation as misdemeanor.
     37-11-1.   Filing of fictitious name statement required--Exceptions--Violation as misdemeanor. Any person engaging in or conducting a business for profit in this state shall file a fictitious name statement unless one of the following apply:
             (1)      The name of the business plainly shows the true surname of each person interested in the business; or
             (2)      The name of the business is on file with the secretary of state in a required business filing.
     Failure to file a required fictitious name statement is a Class 2 misdemeanor. The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be retained by the filing office receiving the filing.

Source: SDC 1939, § 49.0801; SL 1974, ch 55, § 38; SL 1975, ch 242, § 1; SL 1977, ch 190, § 254; SL 1999, ch 33, § 2; SL 2004, ch 256, § 1; SL 2008, ch 204, § 1.


37-11-2 Statement filed on change in ownership of business--Fee.
     37-11-2.   Statement filed on change in ownership of business--Fee. A verified statement as described in § 37-11-1 shall be similarly filed upon any change of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall be paid with each filing under this section. The fee shall be retained by the filing office receiving the filing.

Source: SDC 1939, § 49.0801; SL 1974, ch 55, § 39; SL 1975, ch 242, § 2; SL 1999, ch 33, § 3; SL 2004, ch 256, § 2.


37-11-2.1
     37-11-2.1.   Repealed by SL 2004, ch 256, § 4


37-11-3 Information recorded by secretary of state and register of deeds.
     37-11-3.   Information recorded by secretary of state and register of deeds. The secretary of state shall record the information required pursuant to the provisions of §§ 37-11-1 and 37-11-2 in such manner as may be necessary to effectuate the purposes of this chapter. The register of deeds shall, within seven days, electronically record, on the electronic filing system maintained by the secretary of state, the information collected on paper forms filed with the register of deeds pursuant to §§ 37-11-1 and 37-11-2.

Source: SDC 1939, § 49.0803; SL 1974, ch 55, § 40; SL 1975, ch 242, § 3; SL 2004, ch 256, § 3.


37-11-4 Liability for business debts of persons shown as interested in business.
     37-11-4.   Liability for business debts of persons shown as interested in business. All persons interested in a business described in § 37-11-1 at any time shall be at all times liable for any contracts or obligations incurred while they were so interested and in addition shall be liable for all contracts and obligations incurred prior to the filing of a verified statement showing that they are no longer interested.

Source: SDC 1939, § 49.0801.


37-11-5 Filing of statement required before bringing action for business debt--Refusal of person i...
     37-11-5.   Filing of statement required before bringing action for business debt--Refusal of person interested to verify statement. No person or firm engaged in conducting or operating or interested in a business in this state contrary to the provisions of §§ 37-11-1 and 37-11-2 shall maintain any action at law or otherwise in the name under which the business is conducted nor on their own account to recover anything or enforce any right claimed to be due or arising out of the operation of said business until the statement required by § 37-11-1 or 37-11-2 has been filed. For the purpose of this section only, if any person interested in said business shall refuse to verify such statement those remaining may verify if stating therein the requirements as to those failing to verify and that they have refused to verify.

Source: SDC 1939 § 49.0802.


37-11-6
     37-11-6.   Repealed by SL 1974, ch 55, § 50


37-11-7
     37-11-7.   Repealed by SL 1977, ch 190, § 255


Title 37

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