South Dakota § 47-34A-208 - Certificate of existence or authorization.

Full text of South Dakota South Dakota Codified Laws § 47-34A-208 — Certificate of existence or authorization., with citation guidance and answers to common questions.

§ 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:

(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.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 47-34A-208

What does South Dakota Codified Laws § 47-34A-208 cover?

Section 47-34A-208 ("Certificate of existence or authorization.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 47-34A-208?

A common citation format is "South Dakota Codified Laws § 47-34A-208" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 47-34A-208 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.