Business Law in South Dakota
Don’t settle for a lawyer in South Dakota that lacks the experience and deep knowledge of commercial law that your business deserves. We can connect you with an experienced business law attorney to handle your case.
What Is Business Law?
Business law regulates the conduct of merchants, persons, and businesses who engage in commerce, trade, and sales. Business law is also commonly referred to as commercial law. It covers a broad area, such as real estate laws, safety laws, food laws, and environmental regulations.
According to Dakota News Now, South Dakota passed a number of new laws in 2020 that impact business. For example, interns in South Dakota now have the same state legal protections as employees. This includes protection from discriminatory practices. Tribal ID’s are also now a valid form of identification in all South Dakota businesses. Furthermore, the South Dakota Legislature passed several bills aimed at streamlining the state licensing process for several occupations. The jobs impacted include cosmetology, barbering, some insurance plan administrators, and several technical professions.
Staying abreast of current commercial laws can be extremely overwhelming, especially as you’re trying to run a business. Keeping an experienced South Dakota business law attorney on retainer or at least a simple phone call away can help ensure your business remains compliant. Compliance issues can lead to costly damages, so a proactive approach is always best.
How a Qualified South Dakota Business Law Attorney Can Help
South Dakota Business laws are often associated with unique legal issues. One of the most substantial parts of business law is contract violations. When transactions occur between customers and businesses, this usually involves a contract. Still, some legal concerns and problems happen more often than others. Here are some additional aspects of commercial law that a business attorney can help with:
- Starting a new business
- Protecting intellectual property
- Protecting trade secrets
- Terminating a business
- Transferring a business
- Tackling unfair competition
- Addressing consumer complaints
- Handling marketing and advertising disputes and violations
Costly commercial disputes often cover multiple areas of business law. This is why hiring experienced commercial law lawyers in South Dakota is essential to the legal compliance and sustainability of your business.
Areas of Business Law
There are business attorneys who specialize in South Dakota that offer their services to businesses in unique situations. Following are some of the many areas of business law that they tackle.
Organization
If you are developing your business in South Dakota, a lawyer can help you decide whether you list your company as a limited liability company or a corporation. They will also assist with the paperwork you need to file for your business.
Contracts
When you need to form contracts with your suppliers, clients, customers, and your employees, a South Dakota business attorney will help you to prepare the necessary paperwork quickly and professionally. They also help you to respond to any contracts that other organizations or people want your business to sign.
Licenses and Taxes
While the accountant that your business has will prepare and file the tax returns with your business, your business attorney will also let you know how to register your business in South Dakota for state tax identification and federal tax identification numbers. They also provide you with the knowledge that you need to understand any tax consequences and defend you in court, if necessary.
The South Dakota Department of Labor & Regulation provides a comprehensive list of South Dakota Occupational Licensing Agencies. For example, the South Dakota Board of Dentistry issues licenses to dentists working in the state. As well, taxidermists working in South Dakota must obtain a license from South Dakota Game, Fish and Parks.
Intellectual Property Rights
When an individual creates something, they have some automatic rights to their ideas. However, if someone steals the idea, they may have a difficult time proving the idea or creation was theirs, to begin with. Attorneys can help with the process of protecting IP rights through trademarking and copyright. A business lawyer in South Dakota can also help you seek reparations from companies that infringe on your IP rights or defend you against accusations.
Property Law
Physical properties also need protection. In South Dakota in most instances, this refers to immovable property, such as real estate. Property law governs the use, sale, transfer, or rental of this type of property. Some business attorneys may include premises liability in this area, such as slip-and-fall accidents. Property law may cover moveable assets as well. For instance, companies that rent products would fall into this category.
Consumer Protection
When most people picture South Dakota businesses going to court, they imagine businesses or business people suing each other. This certainly happens quite often, but companies and consumers sue each other too. Consumers often sue companies for defective products or false advertising. Companies, in turn, may sue consumers for libel or slander.
In South Dakota, the Division of Consumer Protection (DCP) is part of the South Dakota Attorney General’s Office. The DCP accepts consumer complaints regarding unfair and deceptive business practices, and medical complaints. First, the DCP contacts the business for more information. The business has 20 days to reply or resolve the complaint. The DCP may then begin an investigation or provide mediation. However, you may still need to pursue your own private legal action to resolve your case.
Lobbying
A qualified South Dakota company and agents that lobby on its behalf can advocate for changes to laws. However, first, they must have a deep understanding of the following:
- What the current laws are
- How the current laws affect the business
- What changes might provide better opportunities for the business
This is an especially common hurdle in the world of tech and engineering. For instance, the tech and transportation industry have banded together to lobby governments to consider allowing autonomous vehicles on public roads for testing and eventual official use.
In South Dakota, lobbyists working in the state must register with the South Dakota Secretary of State (SOS). The SOS is responsible for enforcing the South Dakota Lobbyists Code. Under the Code, no public official or immediate family member may accept a gift from a lobbyist with a value over $106.43. However, this amount is adjusted annually using the consumer price index.
There are many other types of business attorneys that your organization in South Dakota may benefit from using. If you’re not sure about what type of business attorney your company needs, use the form below to get connected with the best legal help in your area.
Work With an Experienced South Dakota Business Law Lawyer
Hiring a business law attorney near you can help you to resolve many commercial issues that may emerge. In addition to this, commercial law attorneys in South Dakota can provide you with legal research, legal advice, and any other types of services that your business needs to protect itself or to fight a claim.
A commercial law attorney is also beneficial if your business needs to file a lawsuit or if you’re ever in a situation where you have to attend a court hearing. Additionally, a business law attorney in South Dakota will help you determine the best course of action for your business if you are ever in violation of any laws.
Most importantly, a business attorney helps your South Dakota business stay out of trouble. Steering clear of legal disputes is always less costly than trying to find your way out of one. While it is not always possible to avoid business litigation, doing all you can to avoid one can go a long way to protecting your business.
Are you looking for a business attorney in South Dakota to defend your business interests? We can connect you with an experienced and passionate lawyer at no cost to you. We can even help you connect with an attorney across South Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
