Before doing business in the state, a foreign business trust shall register with the secretary of state. In order to register, a foreign business trust shall submit to the secretary of state:

(1) A copy executed by a trustee or other authorized person of an application for registration as a foreign business trust, setting forth:

Terms Used In South Dakota Codified Laws 47-14B-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Trustee: A person or institution holding and administering property in trust.

(a) The name of the foreign business trust and, if different, the name under which it proposes to register and do business in the state;

(b) The state, territory, possession, or other jurisdiction or country where formed, the date of its formation and a statement from a trustee or other authorized person that, as of the date of filing, the foreign business trust validly exists as a business trust under the laws of the jurisdiction of its formation;

(c) The nature of the business or purposes to be conducted or promoted in the state;

(d) The address of the registered office and the name and address of the registered agent for service of process required to be maintained by §§ 47-14B-5 to 47-14B-9, inclusive;

(e) A statement that the secretary of state is appointed the agent of the trust for service of process under the circumstances set forth in § 47-14B-17; and

(f) The date on which the foreign business trust first did, or intends to do, business in the state.

(2) A fee as set forth in § 47-14B-22 shall be paid.

Source: SL 2001, ch 245, § 98.