South Dakota § 47-1A-120 - Requirements for documents.

§ 47-1A-120. Requirements for documents.

Any document satisfying the following requirements, and the requirements of any other section that adds to or varies these requirements, is entitled to be filed by the Office of the Secretary of State:

(1)    The document is required or permitted to be filed in the Office of the Secretary of State;

(2)    The document contains the information required by this chapter;

(3)    The document is typewritten or printed or, if electronically transmitted, is in a format that can be retrieved or reproduced in typewritten or printed form;

(4)    The document is in the English language. A corporate name need not be in English if written in English letters or in English letters in combination with Arabic or Roman numerals. The certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation;

(5)    The document is executed by one of the following persons:

(a)    By the chair of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers;

(b)    If directors have not been selected or the corporation has not been formed, by an incorporator; or

(c)    If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that receiver, trustee, or court-appointed fiduciary;

(6)    The person executing the document has signed it and has stated beneath or opposite the signature the person's name and the capacity in which the person signs. The document may, but need not, contain a corporate seal, attestation, acknowledgment, or verification;

(7)    If the Office of the Secretary of State has prescribed a mandatory form for the document under § 47-1A-121, the document is in or on the prescribed form;

(8)    The document is delivered to the Office of the Secretary of State for filing. Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document, except as provided in §§ 47-1A-503 and 47-1A-1510; and

(9)    When the document is delivered to the Office of the Secretary of State for filing, the correct filing fee, and any license fee, or penalty required to be paid at that time by this chapter or other law is paid or provision for payment made in a manner permitted by the Office of the Secretary of State.

Source: SL 2005, ch 239, § 2.