37-11-1
Filing of fictitious name statement required--Exceptions.
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Repealed.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 of persons interested in business.
37-11-5
Filing of statements prerequisite to bringing legal action, enforcing rights, or
recovery.
37-11-6
Repealed.
37-11-7
Repealed.
37-11-1. Filing 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.
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 deposited into the financing statement and annual report filing fee fund.
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; SL 2016, ch 2, § 10.
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 of persons 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.
Source: SDC 1939, § 49.0801; SL 2017, ch 178, § 1.
37-11-5. Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery.
No person or firm operating or interested in a business, may maintain any legal action in the name under which the business is conducted unless the person or firm has complied with the provisions of §§ 37-11-1 and 37-11-2. No such person or firm may recover anything or enforce any right claimed to be due or arising out of the operation of the business until the statement required by § 37-11-1 or 37-11-2 has been filed.
Source: SDC 1939 § 49.0802; SL 2015, ch 202, § 2.
