reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-3 - Liability under guaranty commission.

59-9-3. Liability under guaranty commission.
A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds.
Source:
CivC 1877, §1171; CL 1887, §3794; RCivC 1903, §1490; RC 1919, §1291; SDC 1939, §3.0605.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-4 - Factor cannot relieve himself from liability without principal's consent.

59-9-4. Factor cannot relieve himself from liability without principal's consent.
A factor who receives property for sale under a general agreement or usage to guarantee sales or the remittance of the proceeds, cannot relieve himself from responsibility therefor without consent of his principal.
Source:
CivC 1877, §1172; CL 1887, §3795; RCivC 1903, §1491; RC 1919, §1292; SDC 1939, §3.0606.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-5 - Actual authority to sell on credit, restrictions.

59-9-5. Actual authority to sell on credit, restrictions.
In addition to the authority of agents in general, a factor has actual authority from his principal unless specially restricted to sell on such credit as is usual anything entrusted to him for sale excepting such things as it is contrary to usage to sell on credit, but having once agreed with the purchaser upon the terms of credit, the factor may not extend it, nor may he pledge, mortgage, or barter property entrusted to him for sale.
Source:
CivC 1877, §§1170, 1388; CL 1887, §§3793, 4011; RCivC 1903, §§1489, 1707; RC 1919, §§1290, 1293; SDC 1939, §3.0602 (1).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-6 - Insurance of uninsured property consigned to factor.

59-9-6. Insurance of uninsured property consigned to factor.
In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted, to insure property consigned to him uninsured.
Source:
CivC 1877, §1388, subdiv 2; CL 1887, §4011, subdiv 2; RCivC 1903, §1707, subdiv 2; RC 1919, §1293 (2); SDC 1939, §3.0602 (2).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-7 - Delegation of authority to partner or servant.

59-9-7. Delegation of authority to partner or servant.
In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted, to delegate his authority to his partner or servant, but not to any person in an independent calling.
Source:
CivC 1877, §1388, subdiv 3; CL 1887, §4011, subdiv 3; RCivC 1903, §1707, subdiv 3; RC 1919, §1293 (3); SDC 1939, §3.0602 (3).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-8 - Ostensible authority.

59-9-8. Ostensible authority.
A factor has ostensible authority to deal with the property of his principal as his own in transactions with persons not having notice of the actual ownership.
Source:
CivC 1877, §1389; CL 1887, §4012; RCivC 1903, §1708; RC 1919, §1294; SDC 1939, §3.0603.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-3 - Service of process--Subpoenas.

59-10-3. Service of process--Subpoenas.
(a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
(b) The secretary of the Department of Labor and Regulation may issue subpoenas for any material that is relevant to the administration of this chapter.
Source:
SL 2006, ch 265, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-4 - Athlete agents--Registration required--Void contracts.

59-10-4. Athlete agents--Registration required--Void contracts.
(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under §59-10-6 or 59-10-8.
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(1)A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
(2)Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
Source:
SL 2006, ch 265, §4.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-7 - Suspension, revocation, or refusal to renew registration.

59-10-7. Suspension, revocation, or refusal to renew registration.
(a) The secretary of the Department of Labor and Regulation may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subdivision 59-10-6(b).
(b) The secretary of the Department of Labor and Regulation may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The secretary shall provide notice of such hearing and any action taken in response to the hearing to the Office of the Secretary of State. The Administrative Procedures Act applies to this chapter.
Source:
SL 2006, ch 265, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-8 - Temporary registration.

59-10-8. Temporary registration.
The secretary of the Department of Labor and Regulation may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
Source:
SL 2006, ch 265, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-9 - Registration and renewal fees.

59-10-9. Registration and renewal fees.
An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(1)One hundred dollars for an initial application for registration;
(2)Fifty dollars for an application for registration based upon a certificate of registration or licensure issued by another state;
(3)Twenty-five dollars for an application for renewal of registration; or
(4)Twenty-five dollars for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
All moneys received pursuant to this section shall be deposited in the state general fund.
Source:
SL 2006, ch 265, §9.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-10 - Required form of contract.

59-10-10. Required form of contract.
(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.
(b) An agency contract must state or contain:
(1)The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(2)The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;
(3)A description of any expenses that the student-athlete agrees to reimburse;
(4)A description of the services to be provided to the student-athlete;
(5)The duration of the contract; and
(6)The date of execution.
(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(1)YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2)IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3)YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.
Source:
SL 2006, ch 265, §10.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-11 - Notice to educational institution.

59-10-11. Notice to educational institution.
(a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(b) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.
Source:
SL 2006, ch 265, §11.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-12 - Student-athlete's right to cancel.

59-10-12. Student-athlete's right to cancel.
(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.
(b) A student-athlete may not waive the right to cancel an agency contract.
(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
Source:
SL 2006, ch 265, §12.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-13 - Required records.

59-10-13. Required records.
(a) An athlete agent shall retain the following records for a period of five years:
(1)The name and address of each individual represented by the athlete agent;
(2)Any agency contract entered into by the athlete agent; and
(3)Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
(b) Records required by subsection (a) to be retained are open to inspection by the secretary of the Department of Labor and Regulation during normal business hours.
Source:
SL 2006, ch 265, §13; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-14 - Prohibited conduct.

59-10-14. Prohibited conduct.
(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not:
(1)Give any materially false or misleading information or make a materially false promise or representation;
(2)Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or
(3)Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.
(b) An athlete agent may not intentionally:
(1)Initiate contact with a student-athlete unless registered under this chapter;
(2)Refuse or fail to retain or permit inspection of the records required to be retained by §59-10-13;
(3)Fail to register when required by §59-10-4;
(4)Provide materially false or misleading information in an application for registration or renewal of registration;
(5)Predate or postdate an agency contract; or
(6)Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.
Source:
SL 2006, ch 265, §14.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-16 - Civil remedies.

59-10-16. Civil remedies.
(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.
(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(e) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
Source:
SL 2006, ch 265, §16.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-17 - Administrative penalty.

59-10-17. Administrative penalty.
The secretary of the Department of Labor and Regulation may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars for a violation of this chapter. All moneys received pursuant to this section shall be deposited in the state general fund.
Source:
SL 2006, ch 265, §17; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-18 - Uniformity of application and construction.

59-10-18. Uniformity of application and construction.
In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source:
SL 2006, ch 265, §18.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-19 - Electronic Signatures in Global National Commerce Act.

59-10-19. Electronic Signatures in Global National Commerce Act.
The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
Source:
SL 2006, ch 265, §19.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 10 - Uniform Athlete Agents Act › Section 59-10-20 - Severability.

59-10-20. Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source:
SL 2006, ch 265, §20.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-3 - Filing fees.

59-11-3. Filing fees.
The secretary of state shall collect the following fees when the following documents are filed pursuant to this chapter:
(1)Commercial registered agent listing statement, $100;
(2)Commercial registered agent termination statement, $10;
(3)Statement of change, $10 per filing entity;
(4)Statement of resignation, no charge;
(5)Statement appointing an agent for service of process, $10.
Source:
SL 2008, ch 275, §3.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-4 - Copying and certification fees.

59-11-4. Copying and certification fees.
The secretary of state shall collect the following fees for copying and certifying a copy of any document filed under this chapter:
(1)One dollar a page for copying; and
(2)Ten dollars for a certificate.
Source:
SL 2008, ch 275, §4.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-5 - Addresses in filings.

59-11-5. Addresses in filings.
Whenever a provision of this chapter other than subdivision 59-11-15(4) requires that a filing state an address, the filing must state:
(1)An actual street address or rural route box number in this state; and
(2)A mailing address in this state, if different from the address under subdivision (1).
Source:
SL 2008, ch 275, §5.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-6 - Appointment of registered agent.

59-11-6. Appointment of registered agent.
A registered agent filing must state:
(1)The name of the represented entity's commercial registered agent; or
(2)If the entity does not have a commercial registered agent:
(a)The name and address of the entity's noncommercial registered agent; or
(b)The title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.
The appointment of a registered agent pursuant to subdivision (1) or subsection (2)(a) is an affirmation by the represented entity that the agent has consented to serve as such.
Source:
SL 2008, ch 275, §6.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-7 - Listing of commercial registered agent.

59-11-7. Listing of commercial registered agent.
An individual or a domestic or foreign entity may become listed as a commercial registered agent by filing with the secretary of state a commercial registered agent listing statement signed by or on behalf of the person which states:
(1)The name of the individual or the name, type, and jurisdiction of organization of the entity;
(2)That the person is in the business of serving as a commercial registered agent in this state; and
(3)The address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.
A commercial registered agent listing statement may include the information regarding acceptance of service of process in a record by the commercial registered agent provided for in §59-11-18.
If the name of a person filing a commercial registered agent listing statement is not distinguishable on the records of the secretary of state from the name of another commercial registered agent listed under this section, the person must adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent.
A commercial registered agent listing statement takes effect on filing.
Source:
SL 2008, ch 275, §7.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-8 - Index of commercial registered agent listing statements.

59-11-8. Index of commercial registered agent listing statements.
The secretary of state shall note the filing of the commercial registered agent listing statement in the index of filings maintained by the secretary of state for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities.
Source:
SL 2008, ch 275, §8.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-9 - Termination of listing of commercial registered agent.

59-11-9. Termination of listing of commercial registered agent.
A commercial registered agent may terminate its listing as a commercial registered agent by filing with the secretary of state a commercial registered agent termination statement signed by or on behalf of the agent which states:
(1)The name of the agent as currently listed under §59-11-7; and
(2)That the agent is no longer in the business of serving as a commercial registered agent in this state.
A commercial registered agent termination statement takes effect on the thirty-first day after the day on which it is filed.
The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.
Source:
SL 2008, ch 275, §9.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-10 - Service of process until new registered agent is appointed.

59-11-10. Service of process until new registered agent is appointed.
When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in §§59-11-16 to 59-11-19, inclusive. Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.
Source:
SL 2008, ch 275, §10.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-11 - Change of registered agent by entity.

59-11-11. Change of registered agent by entity.
A represented entity may change the information currently on file under §59-11-6 by filing with the secretary of state a statement of change signed on behalf of the entity which states:
(1)The name of the entity; and
(2)The information that is to be in effect as a result of the filing of the statement of change.
The interest holders or governors of a domestic entity need not approve the filing of:
(1)A statement of change under this section; or
(2)A similar filing changing the registered agent or registered office of the entity in any other jurisdiction.
The appointment of a registered agent pursuant to this section is an affirmation by the represented entity that the agent has consented to serve as such.
A statement of change filed under this section takes effect on filing.
As an alternative to using the procedures in this section, a represented entity may change the information currently on file under §59-11-6 by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing.
Source:
SL 2008, ch 275, §11.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-12 - Change of name or address by noncommercial registered agent.

59-11-12. Change of name or address by noncommercial registered agent.
If a noncommercial registered agent changes its name or its address as currently in effect with respect to a represented entity pursuant to §59-11-6, the agent shall file with the secretary of state, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states:
(1)The name of the entity;
(2)The name and address of the agent as currently in effect with respect to the entity;
(3)If the name of the agent has changed, its new name; and
(4)If the address of the agent has changed, the new address.
A statement of change filed under this section takes effect on filing.
A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.
Source:
SL 2008, ch 275, §12.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-13 - Change of name, address, or type of organization by commercial registered agent.

59-11-13. Change of name, address, or type of organization by commercial registered agent.
If a commercial registered agent changes its name, its address as currently listed under §59-11-7, or its type or jurisdiction of organization, the agent shall file with the secretary of state a statement of change signed by or on behalf of the agent which states:
(1)The name of the agent as currently listed under §59-11-7;
(2)If the name of the agent has changed, its new name;
(3)If the address of the agent has changed, the new address; and
(4)If the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.
The filing of a statement of change under this section is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent.
A statement of change filed under this section takes effect on filing.
A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing.
Source:
SL 2008, ch 275, §13.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-14 - Cancellation of listing for failure to file statement of change of address.

59-11-14. Cancellation of listing for failure to file statement of change of address.
If a commercial registered agent changes its address without filing a statement of change as required by §59-11-13, the secretary of state may cancel the listing of the agent. Such cancellation has the same effect as a termination. Promptly after canceling the listing of an agent, the secretary of state shall serve notice in a record on:
(1)Each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in §§59-11-16 to 59-11-19, inclusive; and
(2)The agent, stating that the listing of the agent has been canceled under this section.
Source:
SL 2008, ch 275, §14.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-15 - Resignation of registered agent.

59-11-15. Resignation of registered agent.
A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:
(1)The name of the entity;
(2)The name of the agent;
(3)That the agent resigns from serving as agent for service of process for the entity; and
(4)The name and address of the person to which the agent will send notice.
A statement of resignation takes effect on the earlier of the thirty-first day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
The registered agent shall, pursuant to subdivision (4), promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.
When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.
A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.
Source:
SL 2008, ch 275, §15.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-16 - Service of process on entities.

59-11-16. Service of process on entities.
A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.
If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office may be as shown in the most recent annual report filed with the secretary of state. Service is perfected under this section at the earliest of:
(1)The date the entity receives the mail;
(2)The date shown on the return receipt, if signed on behalf of the entity; or
(3)Five days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage.
Source:
SL 2008, ch 275, §16.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-17 - Alternative service of process.

59-11-17. Alternative service of process.
If process, notice, or demand cannot be served on an entity pursuant to §59-11-16, service of process may be made by handing a copy to the manager, clerk, or other person in charge of any regular place of business or activity of the entity if the person served is not a plaintiff in the action.
Source:
SL 2008, ch 275, §17.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-18 - Forms of service.

59-11-18. Forms of service.
Service of process, notice, or demand on a registered agent must be in the form of a written document, except that service may be made on a commercial registered agent in such other forms of a record, and subject to such requirements as the agent has stated from time to time in its listing under §59-11-7 that it will accept.
Source:
SL 2008, ch 275, §18.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-20 - Duties of registered agent.

59-11-20. Duties of registered agent.
The only duties under this chapter of a registered agent that has complied with this chapter are:
(1)To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand that is served on the agent;
(2)To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;
(3)If the agent is a noncommercial registered agent, to keep current the information required by §59-11-6 in the most recent registered agent filing for the entity; and
(4)If the agent is a commercial registered agent, to keep current the information listed for it under §59-11-7.
Source:
SL 2008, ch 275, §20.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-21 - Jurisdiction and venue.

59-11-21. Jurisdiction and venue.
The appointment or maintenance in this state of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this state. The address of the agent does not determine venue in an action or proceeding involving the entity.
Source:
SL 2008, ch 275, §21.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-22 - Consistency of application.

59-11-22. Consistency of application.
In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.
Source:
SL 2008, ch 275, §22.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-23 - Relation to Electronic Signatures in Global and National Commerce Act.

59-11-23.Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize delivery of any of the notices described in Section 103(b) of that act, 15 U.S. C. Section 7003(b).
Source:
SL 2008, ch 275, §23.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-24 - Annual report.

59-11-24. Annual report.
Each filing entity or qualified foreign entity, except a bank organized under §51A-3-1.1, a limited partnership organized pursuant to chapter 48-7, or a series of a limited liability company established under §§47-34A-701 through 47-34A-707, shall deliver to the Office of the Secretary of State for filing an annual report that sets forth:
(1)The name of the filing entity or qualified foreign entity;
(2)The jurisdiction under whose law it is formed;
(3)The address of its principal office, wherever located;
(4)The information required by §59-11-6;
(5)The names and business addresses of its governors except in the following two cases:
(a)If a business corporation has eliminated its board of directors pursuant to §47-1A-732, the annual report shall set forth the names of the shareholders instead; and
(b)If a limited liability company is member-managed, the names and business addresses of its governors need not be set forth; and
(6)Whether the entity owns any agricultural land, as defined in §43-2A-1, and, if so, whether the entity has any foreign beneficial owners.
Information in the annual report must be current as of the date the annual report is executed on behalf of the filing entity or qualified foreign entity. Any other provisions of law notwithstanding, the annual report may be executed by any authorized person. Any amendment filed is a supplement to, and not in place of, the annual filing required by this section.
Source: SL 2008, ch 275, §24; SL 2015, ch 258, §4, eff. Jan. 1, 2016; SL 2020, ch 200, §13, eff. Nov. 15, 2020; SL 2023, ch 169, §1.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-24.1 - Annual report--Voluntary disclosure of beneficial interests.

59-11-24.1. Annual report--Voluntary disclosure of beneficial interests.
In addition to filing an annual report pursuant to §59-11-24, a filing entity may include in its annual report a statement of voluntary disclosure of other beneficial interests.
Source: SL 2015, ch 258, §1, eff. Jan. 1, 2016; SL 2023, ch 169, §2.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-24.2 - Annual report--Definitions.

59-11-24.2. Annual report--Definitions.
Terms used in §59-11-24 and this section mean:
(1)"Foreign beneficial owner," a foreign government, a natural person who is not a United States citizen, an entity registered outside the United States or its territories, or an entity owned by a foreign government or natural person who is not a United States citizen; and
(2)"Foreign government," a government or the state-controlled enterprise of a government, other than the United States, its states, or its territories.
Source: SL 2023, ch 169, §3.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-25 - Time for filing annual report.

59-11-25. Time for filing annual report.
The first annual report shall be delivered to the Office of the Secretary of State before the first day of the second month of the year following the year in which a filing entity or qualified foreign entity, except a bank organized pursuant to §51A-3-1.1 and limited partnership organized pursuant to chapter 48-7, was authorized to transact business. The subsequent annual report shall be delivered to the Office of the Secretary of State by the same date each subsequent year.
Source:
SL 2008, ch 275, §25.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-26 - Correction of annual report.

59-11-26. Correction of annual report.
If an annual report does not contain the information required by §59-11-24, the secretary of state shall promptly notify the filing entity or qualified foreign entity in writing and return the report to it for correction. If the report is corrected to contain the information required by §59-11-24 and delivered to the Office of the Secretary of State within thirty days after the effective date of notice, it is deemed to be timely filed.
Source:
SL 2008, ch 275, §26.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 11 - Model Registered Agents Act › Section 59-11-27 - Civil penalty for false documents.

59-11-27. Civil penalty for false documents.
No person may execute an annual report, a statement of change, or an annual farm report knowing it is false in any material respect. Any violation of this section is subject to a civil penalty not to exceed five hundred dollars.
Source:
SL 2010, ch 246, §2.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-2 - Applicability.

59-12-2. Applicability.
This chapter applies to all powers of attorney other than:
(1)A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2)A power to make health care decisions;
(3)A proxy or other delegation to exercise voting rights or management rights with respect to an entity; or
(4)A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
Source:
SL 2020, ch 214, § 2.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-3 - Durable power of attorney.

59-12-3. Durable power of attorney.
If a principal designates another as the principal’s agent by a written power of attorney which contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s disability, the authority of the power of attorney is exercisable by the agent as provided in the power of attorney on behalf of the principal notwithstanding any later disability or incapacity of the principal or later uncertainty as to whether or not the principal is dead or alive.
Source:
SL 2020, ch 214, § 3.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-4.1 - Notary exception--Vehicle title transfers to insurers.

59-12-4.1. Notary exception--Vehicle title transfers to insurers.
With respect to a vehicle for which title is to be transferred to an insurer, a power of attorney to make application for or to assign a certificate of title is exempt from the notarization requirements under §59-12-4. A principal may satisfy the signature requirement provided under §59-12-4 for a power of attorney described in this section by electronic signature.
Source: SL 2023, ch 170, §1.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-4 - Execution of power of attorney.

59-12-4. Execution of power of attorney.
A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments.
Source:
SL 2020, ch 214, § 4.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-5 - Validity of power of attorney.

59-12-5. Validity of power of attorney.
(1)A power of attorney executed in this state on or after July 1, 2020, is valid if its execution complies with §59-12-4.
(2)A power of attorney executed in this state before July 1, 2020, is valid if its execution complied with the law of this state as it existed at the time of execution.
(3)A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a)The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to §59-12-6; or
(b)The requirements for a military power of attorney pursuant to 10 U.S.C. §1044(b).
(4)Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Source:
SL 2020, ch 214, § 5.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-6 - Meaning and effect of power of attorney.

59-12-6. Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Source:
SL 2020, ch 214, § 6.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-7 - Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.

59-12-7. Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.
(1)In a power of attorney, a principal may nominate a conservator or guardian for consideration by the court. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. A guardian appointed under this section shall be subject to the provisions of §59-7-11.
(2)If, after a principal executes a power of attorney, a court appoints a conservator or other fiduciary charged with the management of some or all of the principal's property, the power of attorney is terminated and the agent shall account to the conservator or other court-appointed fiduciary and promptly deliver any property of the principal in the agent's possession to the conservator or other court-appointed fiduciary unless otherwise ordered by the court.
Source:
SL 2020, ch 214, § 7.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-8 - When power of attorney is effective.

59-12-8. When power of attorney is effective.
(1)A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(2)If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(3)If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(a)A physician or licensed psychologist that the principal is incapacitated within the meaning in subsection 59-12-1(5)(a); or
(b)An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning in subsection 59-12-1(5)(b).
(4)A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. §1320(d), and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.
Source: SL 2020, ch 214, §8; SL 2022, ch 187, §1.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 12 - Uniform Power Of Attorney Act › Section 59-12-9 - Termination of power of attorney or agent's authority.

59-12-9. Termination of power of attorney or agent's authority.
(1)A power of attorney terminates when:
(a)The principal dies;
(b)The principal becomes incapacitated, if the power of attorney is not durable;
(c)The principal revokes the power of attorney;
(d)The power of attorney provides that it terminates;
(e)The purpose of a limited or special power of attorney is accomplished;
(f)The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or
(g)Pursuant to subdivision 59-12-7(2).
(2)An agent's authority terminates when:
(a)The principal revokes the authority;
(b)The agent dies, becomes incapacitated, or resigns;
(c)An action is filed for divorce or annulment of the agent's marriage to the principal, or for their legal separation, or for a protection order, unless the power of attorney otherwise provides;
(d)The power of attorney terminates.
(3)Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subdivision (2) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(4)Termination of an agent's authority or of a power of attorney is not effective as to the agent or any other person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act performed under this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(5)Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act performed under this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(6)The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
Source:
SL 2020, ch 214, § 9.