June 23, 2017

Filing of Fictitious of Business Names

Pursuant to SDCL 37-11
37-11-1  Misdemeanor to conduct business under business name without proper filing–Fee. It is a Class 2 misdemeanor for any person to engage in or conduct a business for profit in this state under any name which does not plainly show the true surname of each person interested in such business unless a statement is filed first. The statement shall be verified by each person interested in the business, showing 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 statement shall be electronically filed with the secretary of state, or filed in paper form with the office of the register of deeds in each county where the business is maintained, and 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.
To file a Business name with the Register of Deeds, you can either obtain a form from the Register of Deeds or here. Fill it in and have all parties that own the business sign the form in front of A NOTARY PUBLIC.  THIS IS A VERIFIED STATEMENT AND, THEREFORE, IT NEEDS TO BE SIGNED TWICE by each owner.
YOU MUST FILE THIS IN THE COUNTY YOU ARE DOING BUSINESS IN.THE FEE FOR FILING A BUSINESS NAME IS $10.00 AND THEY ARE VALID FOR 5 YEARS AND THEN THEY NEED TO BE RENEWED.

FILING OF THIS FORM IN EACH COUNTY YOU DO BUSINESS IN IS REQUIRED BY LAW.  IT IS NOT A TRADE NAME

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