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Repealed.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Repealed.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Repealed.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Repealed by SL 2004, ch 256, § 4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
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