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37-11-1Filing of fictitious name statement required--Exceptions.

Any person regularly engaging in or conducting a business 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.

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 deposited into the financing statement and annual report filing fee fund.

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; SL 2015, ch 202, § 1; SL 2016, ch 2, § 9.

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