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 Name
Businesses 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 57701 |
605-394-2177 |
| Meade |
1425 Sherman
Sturgis, SD 57785 |
605-347-2356 |
| Butte |
839 5th
Belle Fourche, SD 57717 |
605-892-2912 |
| Fall River |
906 N. River St.
Hot Springs, SD 57747 |
605-745-5139 |
| Custer |
420 Mt. Rushmore Rd.
Custer, SD 57730 |
605-673-2784 |
| Lawrence |
78 Sherman St.
Deadwood, SD 57732 |
605-578-3930 |
| Harding |
101 Ramsland
Buffalo, SD 57720 |
605-375-3321 |
| Haakon |
140 S. Howard
Philip, SD 57567 |
605-859-2785 |
| Bennett |
PO Box 433
Martin, SD 57551 |
605-685-6054 |
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 2209
Contact:
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 605-773-3682
Federal 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 Pierre |
|
605-773-3178 |
| 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.
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