South Dakota Codified Laws 47-1A-128. Certificate of existence
Any person may apply to the Office of the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. A certificate of existence or authorization shall set forth:
(1) The domestic corporation’s corporate name or the foreign corporation’s corporate name used in this state;
Terms Used In South Dakota Codified Laws 47-1A-128
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual and an entity. See South Dakota Codified Laws 47-1A-140
(2) That the domestic corporation is duly incorporated under the law of this state, the date of its incorporation, and the period of its duration if less than perpetual; or that the foreign corporation is authorized to transact business in this state;
(3) That all fees, taxes, and penalties owed to this state have been paid, if:
(a) Payment is reflected in the records of the Office of the Secretary of State; and
(b) Nonpayment affects the existence or authorization of the domestic or foreign corporation;
(4) That its most recent annual report required by § 47-1A-1621.1 has been delivered to the Office of the Secretary of State;
(5) That articles of dissolution have not been filed; and
(6) Other facts of record in the Office of the Secretary of State that may be requested by the applicant.
Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Office of the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this state.
Source: SL 2005, ch 239, § 17.