Get Answers to Your Highest Priority South Dakota Legal Questions
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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In South Dakota, when can an educator use physical force against a student?
Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority to use the physical force that is reasonable and necessary for supervisory control over students.
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In South Dakota, who can discipline students for aggressive or violent behavior?
Superintendents and principals may discipline students for aggressive or violent behavior that disrupts school or that affects a health or safety factor of the school or its programs.
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In South Dakota, who has disciplinary authority over students on school grounds?
Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are (1) in school; or (2) participating in or attending school sponsored activities whether on or off school premises.
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What are the two primary "bid limits" for a South Dakota school district to keep in mind?
There are primarily two bid limits for a South Dakota school district to consider when entering into purchase contracts:
First, if the school district intends to enter into a contract for any public improvement that involves the expenditure of fifty thousand dollars or more.
Second, if the school district purchases supplies or services, other than professional services, that involve the expenditure of twenty five thousand dollars or more.
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Is South Dakota an employment-at-will state?
Yes. South Dakota is an employment-at-will state.
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Does South Dakota have a state corporate income tax?
No. South Dakota does not have a state corporate income tax.
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Does South Dakota have a state personal income tax?
No. South Dakota does not have a state personal income tax.
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Who supervises corporations in South Dakota?
The South Dakota Secretary of State supervises corporations.
Both non-profit and for-profit corporations must be registered with the Secretary of State's Office. Out-of-state corporations must be registered before doing business in South Dakota.
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When do the South Dakota Parenting Guidelines apply?
In South Dakota, if parents are unable to agree on their own parenting plan, the South Dakota Parenting Guidelines become mandatory and will be used as their parenting plan. In the event a parent’s time with the children becomes an issue in court, the judge will set whatever parenting plan best meets the needs of the children.
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What are the 5 steps needed to form a South Dakota LLC?
Here are 5 steps needed to form a South Dakota Limited Liability Company (LLC):
Step #1 - Choose the LLC's Name
South Dakota law requires that an LLC's name include the words "Limited Liability Company" or "Limited Company," or the abbreviations "L.L.C.," "LLC," "LC," or "L.C."
Step #2 - File the LLC's Articles of Organization
A South Dakota LLC is created by filing Articles of Organization with the Secretary of State. These Articles of Organization must include:
- the LLC's name and address;
- the name and address of the LLC’s registered agent;
- whether the LLC will be member-managed or manager-managed;
- if the LLC is manager-manged, the managers' names and addresses must be provided;
- the name and address of each organizer;
- the LLC's duration, if not perpetual; and
- whether one or more of the members of the company are to be liable for its debts and obligations under § 47-34A-303(c).
Step #3 - Pay the LLC's Filing Fee
As of July 1, 2014, the filing fee in South Dakota is $150.00.
Step #4 - Appoint the LLC's Registered Agent
Every South Dakota LLC must have a registered agent for service of process in the state. This is the person or business entity that agrees to accept legal papers on the LLC’s behalf if it is sued. The registered agent must have a physical street address in South Dakota.
Step #5 - Prepare the LLC's Operating Agreement
Although an LLC Operating Agreement is not required in South Dakota, it is good practice to have one. The Operating Agreement serves as your LLC's "rule book" and provides necessary structure for the business.