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South Dakota FDD Registration Laws & Franchise Requirements

South Dakota Franchise Registration Status: Filing State
State Filing Fee: $250.00 (initial); $150.00 (renewal)

South Dakota is a franchise FDD filing state. Prior to offering or selling a franchise in South Dakota the state requirements from the South Dakota Department of Labor and Regulation need to be met. In addition, to South Dakota franchise laws and regulations all federal franchise laws and requirements put in place by the Federal Trade Commission must be complied with.

Information to File with the South Dakota Department of Labor & Regulation

In order to fulfill the franchise filing requirements in South Dakota, the following information needs to be submitted to the South Dakota Department of Labor & Regulation:

  • Franchise Disclosure Document (one copy; must be in the format of a searchable CD and in Adobe .pdf format);
  • Notice filing application;
  • A uniform consent to service of process;
  • $250.00 filing fee made payable to the "South Dakota Division of Securities"

South Dakota franchise law requires that filing be renewed no less than annually. The filing fee for the annual renewal is $150.00. Franchisors are not required to submit any additional filings if they update their Franchise Disclosure Document within the year. However, the state does expect the franchisor to make changes to the disclosure document no less than quarterly and provide prospective franchisees with the most up to date copy.

The South Dakota Division of Securities address is: 124 S. Euclid Avenue, Suite 104, Pierre, SD, 57501 and their phone number is (605) 773-4823.

Additional Information for Franchise Filing in South Dakota

Franchise Filing Notice Exemptions in South Dakota

Under certain circumstances a person may qualify as being exempt from notice filing with the state. The exemptions can be found in South Dakota Codified Law 37-5B-12 through 37-5B-14. A person must meet the necessary state requirements to be considered exempt from filing.

South Dakota Franchise Law

South Dakota has a franchise law enacted. It can be found in South Dakota Codified Law 37-5B. The franchise law provides guidelines for various topics dealing with the franchisor-franchisee relationship, filing, exemptions, disclosure requirements and more.

FTC Federal Franchise Rule

It is important to keep in mind that there are state and federal franchise laws. Both must be taken into consideration when developing a franchise disclosure document and when offering and selling franchises.

Helpful Resources

When it comes to franchising your business or expanding your franchise into a new state it is important to hire a franchise lawyer who is experienced. A franchise lawyer will create your franchise disclosure document (FDD), help you get registered or filed in states that require for you to do so and much more. For information about our Franchise Counsel Program, click here.

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

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