Register of Deeds
This office is a storage facility for a host of local documents. From land title transfers to birth, marriage, and death records, this office has a wealth of information about the local population from the beginning of Jerauld County to the present. Although these are only a few of the documents found in this office they remain some of the most widely requested by the general public. The Register of Deeds only accepts original documents for recording. Photo copes are not accepted. Whiteout anywhere on the document is not accepted and will not be recorded and will be returned.
Marriage Licenses
Previous to any marriage within the State of South Dakota, a license must be obtained from the Register of Deeds of any county. You do not need to purchase the license in your county of residence or in the county you will be married in; you may purchase the license in any South Dakota county as long as you will be married in South Dakota. Application Guidelines Both parties must appear in the office of the Register of Deeds to apply for the license. You must be 18 years of age or older and you must provide identification such as a valid driver's license or other acceptable form of photo identification which states the date of birth. If an applicant is not a citizen of the United States they will be required to provide their passport. Social Security Numbers are required but you do not need to present your Social Security card. The license will expire ninety days from issue. You must be married within 90 days of purchasing the marriage license. If an applicant is 16 or 17 years of age they must have his or her parent consent. The parent or guardian should complete and sign the Parents Consent Form before a Notary Public. The parent or guardian may accompany the couple when they apply for the marriage license and sign the form at that time or the couple may bring the completed form when they apply. The cost of the marriage license is $40.
Vital Records- Birth, Death, Marriage
South Dakota Vital Records are administered by the South Dakota Department of Heath. The Register of Deeds offices work with the Department of Health to facilitate the purchase of copies of these records.
Birth records with birth dates over 100 years old are available online.
Note
By state law, vital records filed in the state of South Dakota are not open for public inspection. Applicants must meet eligibility requirements to obtain certified copies.
Fees
Per the South Dakota Amendment of Records 44:9:6:02, vital records are released only as certified or informational copies. There is a $15 search fee for each record payable at the time of application. If the record is found, the copy is issued. Additional copies of the same record are $15 each. A South Dakota birth record may be obtained at any Register of Deed office in South Dakota regardless of the County of birth and through the State Department of Health.
Death Records
For deaths that have occurred anywhere in South Dakota after January 1, 1960, a copy of the record may be obtained at any Register of Deeds office in South Dakota, regardless of the County of Death. For deaths that occurred prior to January 1, 1960, a record must be obtained from the Register of Deeds in the County where death occurred or through the State Department of Heath.
Marriage Records
Records of marriages in South Dakota from 1950 to the present can be issued at any Register of Deed office in South Dakota. Records of marriages prior to January 1, 1950 must be obtained from the Register of Deeds in the County where the marriage license was applied for or through the State Department of Heath. However, the State Department of Health does not have marriage records that occurred prior to July 1, 1905.
An ID is required of a person completing the application. This must be a government-issued photo ID (State, Tribal, or Federal.)
Registration of Business Names
South Dakota Codified Laws (SDCL) 37-11-1
Pursuant to SDCL 37-11-1:
It is a Class 2 misdemeanor for any person to engage in or conduct a business for profit in this state under any name which does not plainly show the true surname of each person interested in such business unless a statement is filed first.
The original statute was enacted in 1939 and was developed to disclose, not regulate, fictitious business names (business names which do not include the "true surname" of business owner or owners.) The filing gives notice to the public as to who owns business if the name of the owner is not in the name of the business.
Filings
Beginning in July 2004 businesses can fulfill the filing requirement at the county Register of Deeds office with a paper document or with the Secretary of State electronically. This chance created an information system centered on providing public access to filed information through an internet search and increased the opportunity for business compliance by offering an electronic filing option.
Guidelines
Corporations and trademarks are registered at the South Dakota Secretary of State's Office.
The fee for registration of a business name or renewal is $10.
The filing needs to be renewed every fifth year.
Recording Documents
Documents (often referred to as instruments) brought to the Register of Deeds office are recorded, which is the official method for documenting the time and date a legal instrument is placed into public record. This is necessary because not only does this office record all instruments transferring title to a property (deeds), but everything else that affects that property such as mortgages and easements. Instruments affecting property must be recorded with date, hour, and minute it is received in the office so as to give notice to the public that another party has an interest in that property. This vital function helps maintain an orderly transfer of title to property. In addition to recording deeds, there are also recorded plats, mortgages, leases, etc. which provides a record when doing a thorough title search. Without this local central office to record and maintain these records, society as well as real estate professionals would face an unreliable system for buying and selling property. In this function the Register of Deeds office is essential to bankers, abstract/title companies, real estate agents, land developers and the public in providing an orderly method for documenting changes in real property.