State of the Nonprofit Regulatory Environment in SOUTH DAKOTA

1 Bifurcation of charitable regulatory body

Bifurcated Regulatory Structure

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

BIFURCD-BIFURC-NS

REGULATORY BODY: Not Specific

NOTES: Charitable orgs not required to register, only contracted telephone solicitors on behalf of charitable org.

Registration Office

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

BIFURCD-REGIOF-NS

REGULATORY BODY: Not Specific

2 Notice, Filing or Review of Transactions

Sale of Assets

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 47-24-17

REGULATORY BODY: Attorney General

STATUTE TEXT: 47-24-17. Notice to attorney general before sale, transfer, conversion, or merger of at least thirty percent of assets–Information to be submitted to secretary of state. At least ten days prior to the sale, transfer, conversion, or merger of at least thirty percent of the assets of a nonprofit corporation, the corporation shall give written notice to the attorney general. The following information shall, within sixty days of such sale, transfer, or merger, be submitted to the secretary of state:(1) Name and address of the parties involved in the sale, transfer, conversion, or merger;(2) Terms and conditions of the sale, transfer, conversion, or merger;(3) Dollar value of the assets being sold, transferred, converted, or merged, including an account of how the value was determined; and(4) An explanation of how the sale, transfer, conversion, or merger furthers the purpose of the nonprofit corporation.The information shall be submitted on forms provided by the secretary of state.Source: SL 1997, ch 260, ss 1; SL 2016, ch 221, ss 13.

NOTES: SDCL § 47-24-17

SD Code § 47-24-17

REGULATORY BODY: Other

STATUTE TEXT: 47-24-17. Notice to attorney general before sale, transfer, conversion, or merger of at least thirty percent of assets–Information to be submitted to secretary of state. At least ten days prior to the sale, transfer, conversion, or merger of at least thirty percent of the assets of a nonprofit corporation, the corporation shall give written notice to the attorney general. The following information shall, within sixty days of such sale, transfer, or merger, be submitted to the secretary of state:(1) Name and address of the parties involved in the sale, transfer, conversion, or merger;(2) Terms and conditions of the sale, transfer, conversion, or merger;(3) Dollar value of the assets being sold, transferred, converted, or merged, including an account of how the value was determined; and(4) An explanation of how the sale, transfer, conversion, or merger furthers the purpose of the nonprofit corporation.The information shall be submitted on forms provided by the secretary of state.Source: SL 1997, ch 260, ss 1; SL 2016, ch 221, ss 13.

NOTES: SDCL § 47-24-17; Also: Judicial Review - Sale of corporate property SDCL § 47-26-30

SD Code § 47-26-30

REGULATORY BODY: Other

STATUTE TEXT: 47-26-30. Disposition of assets resulting from sale of corporate property–Manner of distribution–Disposition of remaining assets. The assets of the corporation or the proceeds resulting from a sale, conveyance, or other disposition thereof shall be applied and distributed as follows:(1) All costs and expenses of the court proceedings and all liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision shall be made therefor;(2) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution or liquidation, shall be returned, transferred, or conveyed in accordance with such requirements;(3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer, or conveyance by reason of the dissolution or liquidation, shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities substantially similar to those of the dissolving or liquidating corporation, pursuant to a plan of distribution adopted as provided in this chapter, or where no plan of distribution has been adopted, shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities substantially similar to those of the dissolving or liquidating corporation as the court may direct;(4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the bylaws to the extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others;(5) Any remaining assets may be distributed to such persons, societies, organizations, or domestic or foreign corporations, whether for profit or not for profit, specified in the plan of distribution adopted as provided in this chapter, or where no plan of distribution has been adopted, as the court may direct.Source: SL 1965, ch 24, ss 57.

NOTES: SDCL § 47-24-17; Also: Judicial Review - Sale of corporate property SDCL § 47-26-30

Mergers

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 47-24-17

REGULATORY BODY: Attorney General

STATUTE TEXT: 47-24-17. Notice to attorney general before sale, transfer, conversion, or merger of at least thirty percent of assets–Information to be submitted to secretary of state. At least ten days prior to the sale, transfer, conversion, or merger of at least thirty percent of the assets of a nonprofit corporation, the corporation shall give written notice to the attorney general. The following information shall, within sixty days of such sale, transfer, or merger, be submitted to the secretary of state:(1) Name and address of the parties involved in the sale, transfer, conversion, or merger;(2) Terms and conditions of the sale, transfer, conversion, or merger;(3) Dollar value of the assets being sold, transferred, converted, or merged, including an account of how the value was determined; and(4) An explanation of how the sale, transfer, conversion, or merger furthers the purpose of the nonprofit corporation.The information shall be submitted on forms provided by the secretary of state.Source: SL 1997, ch 260, ss 1; SL 2016, ch 221, ss 13.

NOTES: SDCL § 47-24-17

SD Code § 47-25-11

REGULATORY BODY: Other

STATUTE TEXT: 47-25-11. Endorsement and approval by secretary of state–Issuance of certificate of merger or consolidation. If the secretary of state finds that articles of merger or articles of consolidation delivered to him conform to law, when all fees have been paid, he shall:(1) Endorse the word “filed” on the original and the copy and the month, day, and year of filing;(2) File the original in his office; and(3) Issue a certificate of merger or a certificate of consolidation to which he shall affix the copy.The certificate of merger or certificate of consolidation, together with the copy of the articles of merger or articles of consolidation affixed thereto, shall be returned to the surviving or new corporation, as the case may be, or its representative.Source: SL 1965, ch 24, ss 43; SL 1989, ch 393, ss 28.

NOTES: File with Sec. of State SDCL § 47-25-11; SDCL § 47-24-17

SD Code § 47-24-17

REGULATORY BODY: Other

STATUTE TEXT: 47-24-17. Notice to attorney general before sale, transfer, conversion, or merger of at least thirty percent of assets–Information to be submitted to secretary of state. At least ten days prior to the sale, transfer, conversion, or merger of at least thirty percent of the assets of a nonprofit corporation, the corporation shall give written notice to the attorney general. The following information shall, within sixty days of such sale, transfer, or merger, be submitted to the secretary of state:(1) Name and address of the parties involved in the sale, transfer, conversion, or merger;(2) Terms and conditions of the sale, transfer, conversion, or merger;(3) Dollar value of the assets being sold, transferred, converted, or merged, including an account of how the value was determined; and(4) An explanation of how the sale, transfer, conversion, or merger furthers the purpose of the nonprofit corporation.The information shall be submitted on forms provided by the secretary of state.Source: SL 1997, ch 260, ss 1; SL 2016, ch 221, ss 13.

NOTES: File with Sec. of State SDCL § 47-25-11; SDCL § 47-24-17

Certificate of Amendments

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

REPORTS-AMMEND-AG

REGULATORY BODY: Attorney General

NOTES: No

SD Code § 47-22-20

REGULATORY BODY: Other

STATUTE TEXT: 47-22-20. Delivery to secretary of state–Fees–Endorsement and filing–Issuance of certificate of amendment. The original and the copy of the articles of amendment shall be delivered to the secretary of state. If the secretary of state finds that the articles of amendment conform to law, when all fees have been paid as prescribed in chapter 47-28, he shall:(1) Endorse the word “filed” on the original and the copy and the month, day, and year of filing;(2) File the original in his office; and(3) Issue a certificate of amendment to which he shall affix the copy.The certificate of amendment, together with the copy of the articles of amendment affixed thereto, shall be returned to the corporation or its representative.Source: SL 1965, ch 24, ss 38; SL 1989, ch 393, ss 7.

NOTES: SDCL § 47-22-20

Does the state require annual financial reporting by charitable organizations in addition to filing a copy of the 990 with the regulator (if filing 990 is required)?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

SD Code § 37-30-12

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Required to maintain records for three years following campaign. S.D. Codified Laws § 37-30-12

3 Notice or Action for Dissolutions

Voluntary Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 47-26-6.1 ;; 47-26-6-1

REGULATORY BODY: Attorney General

STATUTE TEXT: 47-26-6.1. Notice to attorney general. At least ten days prior to a meeting to dissolve under this chapter, or conversion from a nonprofit corporation to a domestic business corporation or other business entity authorized by law, the corporation shall provide notice to the attorney general which notice shall include a copy of the plan for distribution of assets required pursuant to ss 47-26-6 or plan of conversion pursuant to ss 47-25A-8 or 47-25A-9.Source: SL 2016, ch 221, ss 14.

NOTES: SDCL § 47-26-6.1

SD Code § 47-26-10

REGULATORY BODY: Other

STATUTE TEXT: 47-26-10. Delivery of articles to secretary of state–Endorsement and filing by secretary of state–Issuance of certificate of dissolution. The original articles of dissolution shall be delivered to the secretary of state. Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document. If the secretary of state finds that the articles of dissolution conform to law, when all fees have been paid as prescribed in chapter 47-28, the secretary of state shall:(1) Endorse the word “filed” on the original and the copy and the month, day, and year of filing;(2) File the original in his office; and(3) Issue a certificate of dissolution to which he shall affix the copy.The certificate of dissolution, together with the copy of the articles of dissolution affixed thereto, shall be returned to the representative of the dissolved corporation.Source: SL 1965, ch 24, ss 52; SL 1989, ch 393, ss 30; SL 2012, ch 222, ss 8.

NOTES: Sec. of State SDCL § 47-26-10

Judicial Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 47-26-16

REGULATORY BODY: Attorney General

STATUTE TEXT: 47-26-16. Involuntary dissolution by court decree–Action by attorney general–Grounds of action. The provisions of ss 47-24-13.1 notwithstanding, a corporation may be dissolved involuntarily by a decree of the circuit court in an action filed by the attorney general if it is established that:(1) The corporation procured its articles of incorporation through fraud; or(2) The corporation has continued to exceed or abuse the authority conferred upon it by law.Source: SL 1965, ch 24, ss 53; SL 1967, ch 14, ss 1; SL 1989, ch 393, ss 31.

NOTES: SDCL § 47-26-16

SD Code § 47-26-37

REGULATORY BODY: Other

STATUTE TEXT: 47-26-37. Copy of decree filed with secretary of state–Fee. In case the court shall enter a decree dissolving a corporation, it shall be the duty of the clerk of such court to cause a certified copy of the decree to be filed with the secretary of state. No fee shall be charged by the secretary of state for the filing thereof.Source: SL 1965, ch 24, ss 62.

NOTES: SDCL § 47-26-37

Administrative Dissolutions

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

DISSOLV-ADMINI-AG

REGULATORY BODY: Attorney General

DISSOLV-ADMINI-OT

REGULATORY BODY: Other

4 Notice, Oversight or Filing of Hospital Conversions

Has Statute

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

HOSPCON-STATUT-NS

REGULATORY BODY: Not Specific

NOTES: SDCL 47-25A

Requires Notice or Oversight

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 47-25A-2

REGULATORY BODY: Attorney General

STATUTE TEXT: 47-25A-2. Required approvals. If a domestic or foreign nonprofit corporation may not be a party to a merger or sale of its assets without the approval of the attorney general, the Division of Insurance, or the Public Utilities Commission, the corporation may not be a party to a conversion or domestication without the prior approval of that agency.Source: SL 2016, ch 221, ss 17.

NOTES: SDCL § 47-25A-2

SD Code § 47-25A-10

REGULATORY BODY: Other

STATUTE TEXT: 47-25A-10. Articles of for-profit conversion. (a) Articles of for-profit conversion must be signed on behalf of the converting corporation by any officer or other duly authorized representative. The articles must set forth:(1) If the surviving corporation is a domestic business corporation, the name of the corporation immediately before the filing of the articles of for-profit conversion and if that name does not satisfy the requirements of the business corporation act, or the corporation desires to change its name in connection with the conversion, a name that satisfies the requirements of the business corporation act;(2) If the surviving corporation is a foreign business corporation, its name after the conversion and its jurisdiction of incorporation; and(3) A statement that the plan of for-profit conversion was duly approved by the members in the manner required by this chapter and the articles of incorporation.(b) If the surviving corporation is a domestic business corporation, the articles of for-profit conversion shall either contain all of the provisions that the business corporation act requires to be set forth in the articles of incorporation of a domestic business corporation and any other desired provisions permitted by the business corporation act, or shall have attached articles of incorporation that satisfy the requirements of the business corporation act. In either case, provisions that would not be required to be included in restated articles of incorporation of a domestic business corporation may be omitted, except that the name and address of the initial registered agent of the business corporation must be included.(c) The articles of for-profit conversion must be delivered to the Office of the Secretary of State for filing.Source: SL 2016, ch 221, ss 25.

NOTES: SDCL § 47-25A-10; SDCL § 47-25A-20

SD Code § 47-25A-20

REGULATORY BODY: Other

STATUTE TEXT: 47-25A-20. Plan of nonprofit conversion. (a) The plan of nonprofit conversion must be adopted by the shareholders. The plan for nonprofit conversion must include:(1) The terms and conditions of the conversion;(2) The manner and basis of reclassifying the shareholders in the corporation;(3) Any desired amendments to the articles of incorporation or bylaws of the corporation following its conversion;(4) The articles of incorporation to be in effect immediately following the conversion; and(5) Any of the terms or conditions of the plan if the change would adversely affect any of the shareholders in any material respect.The plan for nonprofit conversion may also include a provision that the plan may be amended prior to filing articles of nonprofit conversion.(b) After the plan for nonprofit conversion is authorized, the articles of conversion must be signed on behalf of the converting corporation by any officer or other duly authorized representative.The articles shall set forth:(1) The name of the corporation immediately before the filing of the articles of conversion and, if that name is unavailable for use in this state or the corporation desires to change its name in connection with the conversion, a name that satisfies the requirements of ss ss 47-22-7 and 47-22-8.1;(2) The jurisdiction of incorporation of the corporation immediately before the filing of the articles of conversion and the date the corporation was incorporated; and(3) A statement that the conversion of the corporation in this state was duly authorized as required by the laws of this state.(c) The articles of conversion shall contain all of the provisions required to be contained in the articles of incorporation of a nonprofit corporation as set forth in ss 47-22-6 and any other desired provisions permitted to be included. Provisions that would not be required to be included in restated articles of incorporation may be omitted, except that the name and address of the initial registered agent of the domestic business corporation must be included.(d) The articles of nonprofit conversion must be delivered to the Office of the Secretary of State for filing.Source: SL 2016, ch 221, ss 35.

NOTES: SDCL § 47-25A-10; SDCL § 47-25A-20

Requires Filing

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 47-25A-10

REGULATORY BODY: Other

STATUTE TEXT: 47-25A-10. Articles of for-profit conversion. (a) Articles of for-profit conversion must be signed on behalf of the converting corporation by any officer or other duly authorized representative. The articles must set forth:(1) If the surviving corporation is a domestic business corporation, the name of the corporation immediately before the filing of the articles of for-profit conversion and if that name does not satisfy the requirements of the business corporation act, or the corporation desires to change its name in connection with the conversion, a name that satisfies the requirements of the business corporation act;(2) If the surviving corporation is a foreign business corporation, its name after the conversion and its jurisdiction of incorporation; and(3) A statement that the plan of for-profit conversion was duly approved by the members in the manner required by this chapter and the articles of incorporation.(b) If the surviving corporation is a domestic business corporation, the articles of for-profit conversion shall either contain all of the provisions that the business corporation act requires to be set forth in the articles of incorporation of a domestic business corporation and any other desired provisions permitted by the business corporation act, or shall have attached articles of incorporation that satisfy the requirements of the business corporation act. In either case, provisions that would not be required to be included in restated articles of incorporation of a domestic business corporation may be omitted, except that the name and address of the initial registered agent of the business corporation must be included.(c) The articles of for-profit conversion must be delivered to the Office of the Secretary of State for filing.Source: SL 2016, ch 221, ss 25.

NOTES: SDCL § 47-25A-10; SDCL § 47-25A-20

SD Code § 47-25A-20

REGULATORY BODY: Other

STATUTE TEXT: 47-25A-20. Plan of nonprofit conversion. (a) The plan of nonprofit conversion must be adopted by the shareholders. The plan for nonprofit conversion must include:(1) The terms and conditions of the conversion;(2) The manner and basis of reclassifying the shareholders in the corporation;(3) Any desired amendments to the articles of incorporation or bylaws of the corporation following its conversion;(4) The articles of incorporation to be in effect immediately following the conversion; and(5) Any of the terms or conditions of the plan if the change would adversely affect any of the shareholders in any material respect.The plan for nonprofit conversion may also include a provision that the plan may be amended prior to filing articles of nonprofit conversion.(b) After the plan for nonprofit conversion is authorized, the articles of conversion must be signed on behalf of the converting corporation by any officer or other duly authorized representative.The articles shall set forth:(1) The name of the corporation immediately before the filing of the articles of conversion and, if that name is unavailable for use in this state or the corporation desires to change its name in connection with the conversion, a name that satisfies the requirements of ss ss 47-22-7 and 47-22-8.1;(2) The jurisdiction of incorporation of the corporation immediately before the filing of the articles of conversion and the date the corporation was incorporated; and(3) A statement that the conversion of the corporation in this state was duly authorized as required by the laws of this state.(c) The articles of conversion shall contain all of the provisions required to be contained in the articles of incorporation of a nonprofit corporation as set forth in ss 47-22-6 and any other desired provisions permitted to be included. Provisions that would not be required to be included in restated articles of incorporation may be omitted, except that the name and address of the initial registered agent of the domestic business corporation must be included.(d) The articles of nonprofit conversion must be delivered to the Office of the Secretary of State for filing.Source: SL 2016, ch 221, ss 35.

NOTES: SDCL § 47-25A-10; SDCL § 47-25A-20

5 Audits

Requires Audit

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-AUDITS-NS

REGULATORY BODY: Not Specific

NOTES: No

Audit Threshold

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-THRESH-NS

REGULATORY BODY: Not Specific

6 Registration Law

Registration Law

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

REGILAW-REGIST-NS

REGULATORY BODY: Not Specific

NOTES: NONE

7 Exemptions from Registering for Specific Organization Types

Religious Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-RELIGI-NS

REGULATORY BODY: Not Specific

Small organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-SMALLO-NS

REGULATORY BODY: Not Specific

Educational Institutions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-EDUCAT-NS

REGULATORY BODY: Not Specific

Governmental Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-GOVMNT-NS

REGULATORY BODY: Not Specific

Hospitals

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-HOSPIT-NS

REGULATORY BODY: Not Specific

Veterans organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-VETERA-NS

REGULATORY BODY: Not Specific

Foundations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDYES-NS

REGULATORY BODY: Not Specific

Foundations that don’t solicit contributions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDNOS-NS

REGULATORY BODY: Not Specific

Charitable Trusts

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CTRUST-NS

REGULATORY BODY: Not Specific

Parent-Teacher Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-PTOEDU-NS

REGULATORY BODY: Not Specific

Reports to congress

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CONGRE-NS

REGULATORY BODY: Not Specific

Non-soliciting

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-NONSOL-NS

REGULATORY BODY: Not Specific

Fraternal/ Membership

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-MEMFRA-NS

REGULATORY BODY: Not Specific

Political Orgs

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-POLITI-NS

REGULATORY BODY: Not Specific

Other

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-OTHTYP-NS

REGULATORY BODY: Not Specific

8 Defined remedies

Dissolution

Regulatory Action: REMEDY

YES: A regulation is defined in the state

SD Code § 47-26-25

REGULATORY BODY: Not Specific

STATUTE TEXT: 47-26-25. Power of court in liquidation proceedings–Action by attorney general. Courts of equity shall have full power to liquidate the assets and affairs of a corporation when an action has been filed by the attorney general to dissolve a corporation and it is established that liquidation of its affairs should precede the entry of a decree of dissolution.Source: SL 1965, ch 24, ss 56 (4).

NOTES: SDCL § 47-26-25

Removal of Board Members

Regulatory Action: REMEDY

A regulation is NOT defined in the state

REMEDYT-BRDRMV-NS

REGULATORY BODY: Not Specific

NOTES: No

9 Oversight of professional fundraisers

Does the state require registration by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 37-30-3

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: CML’s compendium lists this state as “none” in “Registration Law” column; According to Put’s research, only applies to paid telephone solicitors for charitable purposes; Telephone Solicitations: S.D. Codified Laws § 37-30-3

Does the state require registration by fundraising counsel?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-COUNSL-NS

REGULATORY BODY: Not Specific

Does the state oversee commercial-coventuring (e.g. by requiring that the co-venture be registered or by requiring that the charitable organization files the co-venture contract)?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-VENTUR-NS

REGULATORY BODY: Not Specific

Does the state require the fundraisers to provide notice to the regulator before any solicitation campaign (in addition to annual registration and/or filing the contract)?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 37-30-3

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Solicitor must register with AG at least 30 days before solicitation. S.D. Codified Laws § 37-30-3; Attorney general must approve application prior to solicitation with 45 days of receiving application. S.D. Codified Laws § 37-30-4; must provide solicitation notice to AG: S.D. Codified Laws § 37-30-6

SD Code § 37-30-4

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Solicitor must register with AG at least 30 days before solicitation. S.D. Codified Laws § 37-30-3; Attorney general must approve application prior to solicitation with 45 days of receiving application. S.D. Codified Laws § 37-30-4; must provide solicitation notice to AG: S.D. Codified Laws § 37-30-6

SD Code § 37-30-6

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Solicitor must register with AG at least 30 days before solicitation. S.D. Codified Laws § 37-30-3; Attorney general must approve application prior to solicitation with 45 days of receiving application. S.D. Codified Laws § 37-30-4; must provide solicitation notice to AG: S.D. Codified Laws § 37-30-6

Does the state require specified disclosures to donors?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 37-30-36

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: According to Put, must disclose purpose of call within first 30 seconds “Any telephone solicitation message shall disclose immediately after telephone contact the name of the person, company or organization making the call and the purpose of the call and the goods or services being offered, if any.” S.D. Codified Laws § 37-30-36

Does the state require a copy of any contract between a charitable organization and a commercial fundraiser or fundraising counsel be filed with the regulator?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

SD Code § 37-30-7

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: No, but must have a written contract: S.D. Codified Laws § 37-30-7

Does the state require annual financial reporting by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 37-30-11

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Must file financial report within 90 days after end of solicitation campaign or on anniversary of campaign lasting more than one year. S.D. Codified Laws § 37-30-11

Does the state require bonding of professional fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

SD Code § 37-30-5

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: YES: statute re: telephone solicitation: paid fundraiser must have bond in amount of $20k: S.D. Codified Laws § 37-30-5