South Dakota Codified Laws 47-34A-208. Certificate of existence or authorization
(a) Any person may request the secretary of state to furnish a certificate of existence for a limited liability company or a certificate of authorization for a foreign limited liability company.
(b) A certificate of existence for a limited liability company must set forth:
Terms Used In South Dakota Codified Laws 47-34A-208
- Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See South Dakota Codified Laws 47-34A-101
- 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.
- Foreign limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. See South Dakota Codified Laws 47-34A-101
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(1) The company’s name;
(2) That it is duly organized under the laws of this state, the date of organization, whether its duration is at–will or for a specified term, and, if the latter, the period specified;
(3) If payment is reflected in the records of the secretary of state and if nonpayment affects the existence of the company, that all fees, taxes, and penalties owed to this state have been paid;
(4) Whether its most recent annual report required by § 47-34A-211 has been filed with the secretary of state;
(5) That articles of termination have not been filed; and
(6) Other facts of record in the Office of the Secretary of State which may be requested by the applicant.
(c) A certificate of authorization for a foreign limited liability company must set forth:
(1) The company’s name used in this state;
(2) That it is authorized to transact business in this state;
(3) If payment is reflected in the records of the secretary of state and if nonpayment affects the authorization of the company, that all fees, taxes, and penalties owed to this state have been paid;
(4) Whether its most recent annual report required by § 47-34A-211 has been filed with the secretary of state;
(5) That a certificate of cancellation has not been filed; and
(6) Other facts of record in the Office of the Secretary of State which may be requested by the applicant.
(d) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the secretary of state may be relied upon as conclusive evidence that the domestic or foreign limited liability company is in existence or is authorized to transact business in this state.
Source: SL 1998, ch 272, § 208.