South Dakota Codified Laws 51A-17-13. Corporate applicants–Additional requirements
In addition to the requirements of § 51A-17-12, an applicant that is a corporation shall provide:
(1) The date of the applicant’s incorporation and state of incorporation;
Terms Used In South Dakota Codified Laws 51A-17-13
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) A certificate of good standing from the state in which the applicant was incorporated;
(3) A description of the corporate structure of the applicant, including the identity of any parent or subsidiary of the applicant, and the disclosure of whether any parent or subsidiary is publicly traded on any stock exchange;
(4) The name, business and residence address, and employment history for the preceding five years of the applicant’s executive officers and any officer or manager who will be in charge of the applicant’s activities to be licensed;
(5) The name, business and residence address, and employment history for the preceding five years of any key shareholder of the applicant;
(6) The history of material litigation for the preceding five-year period of every executive officer or key shareholder of the applicant;
(7) A complete set of fingerprints and a signed waiver authorizing the division to conduct a criminal history background check of each executive officer or key shareholder of the applicant;
(8) A copy of the applicant’s most recent audited financial statement, including balance sheet, statement of income or loss, statement of changes in shareholder equity, and statement of changes in financial position, and, if available, the applicant’s audited financial statements for the preceding two-year period. For an applicant that is a wholly owned subsidiary of another corporation, the applicant may submit either the parent corporation’s consolidated audited financial statements for the current year and for the preceding two-year period, or the parent corporation’s Form 10K reports filed with the United States Securities and Exchange Commission for the preceding three years in lieu of the applicant’s financial statements. For an applicant that is a wholly owned subsidiary of a corporation having its principal place of business outside the United States, similar documentation filed with the parent corporation’s regulator outside the United States may be submitted to satisfy the requirements of this subdivision; and
(9) A copy of all filings, if any, made by the applicant with the United States Securities and Exchange Commission, or with a similar regulator in a country other than the United States, within the preceding year.
Source: SL 2008, ch 253, § 13; SL 2019, ch 206, § 4.