Legal Requirements that apply to nearly all new businesses
This section will assist you in identifying agencies that need to be contacted while planning your business activities. The following list contains the most common legal requirements, but there may be others to fulfill, depending on the nature of your business. Also see tax requirements.
Assumed Business NameBusinesses may file a statement of assumed business name with the Register of Deeds for the county in which the business is to be located. Such a filing may provide the business with some exclusivity to the use of that name. Contact the Register of Deeds at your county courthouse.
County Address Phone Pennington 315 St. Joseph Street
Rapid City, SD 57701605-394-2177 Meade 1425 Sherman
Sturgis, SD 57785605-347-2356 Butte 839 5th
Belle Fourche, SD 57717605-892-2912 Fall River 906 N. River St.
Hot Springs, SD 57747605-745-5139 Custer 420 Mt. Rushmore Rd.
Custer, SD 57730605-673-2784 Lawrence 78 Sherman St.
Deadwood, SD 57732605-578-3930 Harding 101 Ramsland
Buffalo, SD 57720605-375-3321 Haakon 140 S. Howard
Philip, SD 57567605-859-2785 Bennett PO Box 433
Martin, SD 57551605-685-6054
Trademarks/Service Marks
To register any trademarks or service marks contact:Secretary of State, Pierre
605-773-5666
Patents
For general information, current fees, or to order General Information Concerning Patents ($2.25) or Basic Facts About Patents (free) call 703-308-4357.
For assistance in researching existing trademarks and patents, contact:
Laura Jacobs SDSM&T Library 605-394-1275
Copyrights
Contact:
Register of Copyrights Copyright Office Library of Congress Washington, DC 20559 202-707-9100
Worker's Compensation Insurance
All businesses employing one or more employees are required to provide workers compensation insurance. In most instances, coverage is available through commercial insurance carriers, although companies may elect to self-insure.
Contact:
Department of Labor in Pierre at 605-773-3681 or Commercial Insurance Carrier
Employee Safety and Health Regulations
Get the following publications:
1. Your Workplace Rights in Action, OSHA 3035
2. All About OSHA, OSHA 2056
3. OSHA Handbook for Small Businesses, OSHA 2209Contact:
OSHA Bismarck, ND 1-800-473-7419 or 605-688-4101
Labor Laws
Minimum Wage and Wage Payments and Child Labor Laws
Contact: Department of Labor, Wage and Hour Office 605-773-3682Federal Wage and Hour Issues
Contact: U.S. Department of Labor, Sioux Falls 605-330-4241
Newly Hired Employees
Employers are required to report all newly-hired employees to SD Department of Labor within 20 calendar days after the date of hire. Mail completed W-4 forms to:
SD Department of Labor
PO Box 4700
Aberdeen, SD 57402
Toll Free: 1-888-827-6078 or 605-626-2312
Licenses/Permits
Many businesses and professions are required to obtain licenses prior to engaging in business
in the state. (i.e., food, liquor, taxi, pawn shop, contractor, vending, kennel, garbage haulers,
ambulance, mobile home court, house mover.)Contact:
Location Address Phone Department of Commerce
and Regulation in Pierre605-773-3178 Rapid City 300 6th Street 57701 605-394-4120 Spearfish 625 5th St. 57783 605-642-1325 Sturgis 1147 Sherman 57785 605-347-4422 Deadwood 102 Sherman 57732 605-578-2600 Hot Springs 303 N. River 57747 605-745-3135 Custer 622 Crook St. 57730 605-673-4824 Belle Fourche 606 6th 57717 605-892-2494 Additionally, agricultural-related licenses and permits such as nurseries, fertilizers, pesticides, dairies, and related businesses have other requirements.
Contact:
Department of Agriculture Division of Regulatory Services 605-773-3724
Also contact the City where your business will be located for any local permit requirements.
Planning and Zoning
You must determine if: the type of business you are planning is permitted in the zoning code at the location you have chosen, including conducting a business out of your own home. For zoning concerns, be sure to allow ample lead time which could be several months. Please contact the Planning and Zoning office in your city.
City Address Phone Rapid City 300 6th Street 57701 605-394-4120 Deadwood 108 Sherman 57732 605-578-2082 Spearfish 625 5th Street 57785 605-642-1335 Sturgis 1147 Sherman 57785 605-347-4422
Health Department
If food products are to be prepared and served, an inspection must be completed. Approval from the Health Department is needed before a Food License from the State Department of Revenue is issued.
Contact:
State Dept. of Health
523 East Capitol, Joe Foss Building
Pierre, SD 57501 II 605-773-3364
Incorporating or Setting up a Limited Liability Company (LLC)
If your business will be incorporated, a Certificate of Incorporation must be obtained from the Secretary of State. If you choose to set up your business as a limited liability company (LLC), you must file articles of organization with the Secretary of State.
Contact:
Secretary of State
605-773-4845
Building Inspection
Your business location may need to be inspected and approved for public safety and adherence to structural, electrical, plumbing, fire and other codes. Prior to beginning any remodeling or site alterations contact your local city building inspector:
Location Address Phone Rapid City 300 6th Street 57701 605-394-4157 Lead 801 West Main 57754 605-584-1617
All other towns, contact your local City Hall.
Because the center is non-profit and is funded through a variety of public and private sources and operates in
cooperation with the U.S. Small Business Administration, services are confidential and provided at no charge.
This business is an equal opportunity provider, and employer. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, or call (800) 795-3272(voice), or (202) 720-6382. This building is handicap accessible.