US state
Closing a business in South Dakota with employees
Final wages are due and payable not later than the next regular stated pay day for which those hours would have normally been paid. SDCL 60-11-10 sets when unpaid wages are due after a separation. It does not set a private-employer advance-notice period for a plant closing or a mass layoff. A corporation files an Articles of dissolution under SDCL 47-1A-122 for $10.
| Fact | Detail |
|---|---|
| Final pay on termination | Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid. South Dakota Legislature |
| Final pay on resignation | Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid. South Dakota Legislature |
| State WARN | SDCL 60-11-10 sets when unpaid wages are due after a separation. It does not set a private-employer advance-notice period for a plant closing or a mass layoff. South Dakota Legislature |
| Dissolution form | Articles of dissolution under SDCL 47-1A-122 South Dakota Legislature |
| Filing fee | $10 South Dakota Legislature |
How to wind down a company in South Dakota: filing, fee and approvals
South Dakota Legislature lists Articles of dissolution under SDCL 47-1A-122 at $10 in SDCL 47-1A-122. Deliver articles of dissolution to the South Dakota Secretary of State. SDCL 47-1A-122 sets that filing fee at $10.
South Dakota payment may wait until the employee returns all property of the employer in the employee's possession.
The filing office site is sdsos.gov.
The statute index is sdlegislature.gov.
Dissolution filing in South Dakota
| Item | What the filing office states |
|---|---|
| Corporation form | Articles of dissolution under SDCL 47-1A-122 |
| Corporation fee | $10 |
| Corporation how to file | Deliver articles of dissolution to the South Dakota Secretary of State. SDCL 47-1A-122 sets that filing fee at $10. |
Deliver articles of dissolution to the South Dakota Secretary of State. SDCL 47-1A-122 sets that filing fee at $10. South Dakota Legislature states that rule in SDCL 47-1A-122.
Employees in South Dakota: final pay and layoff notice
Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid.
Resignation in South Dakota uses that same wage timing.
SDCL 60-11-10 sets when unpaid wages are due after a separation. It does not set a private-employer advance-notice period for a plant closing or a mass layoff.
South Dakota Legislature states that rule in SDCL 60-11-10.
The labor department site is dlr.sd.gov.
The statute index is sdlegislature.gov.
SDCL 60-11-10 is the wage text for a discharge in South Dakota.
SDCL 60-11-10 is the text for that notice conclusion.
The filing office site is sdsos.gov.
Federal WARN, when it applies, uses 60 days' notice and an employer-size threshold of 100. The rest of the test is on the U.S. Government Publishing Office page.
Federal periods for keeping tax records are in how to wind down a company.
Compare final paycheck and WARN rules by state when you have staff in more than one state.
Read closing a business in Minnesota with employees. Read final pay in Colorado. Read Iowa dissolution fee.
Read how to tell employees the company is closing before the meeting.
Run a WARN check for a South Dakota employer against your headcount.
Build a closing checklist for South Dakota from the same rules.
See when canceled tools delete company records before you turn a tool off.
Read what each tool deletes when you stop paying for the vendor clocks.
After dissolution in South Dakota
South Dakota payment may wait until the employee returns all property of the employer in the employee's possession.
An annual report under SDCL 47-1A-122 is $55, and a missed annual report adds another $55.
South Dakota Legislature states that rule in SDCL 60-11-10.
South Dakota Legislature states that rule in SDCL 47-1A-122.
The Articles of dissolution under SDCL 47-1A-122 fee is $10.
The filing office site is sdsos.gov.
The statute index is sdlegislature.gov.
How South Dakota compares with Minnesota, Colorado and Iowa
A dash (—) is an empty cell. It is not a finding that no rule exists.
| State | Final pay on termination | State WARN notice | Dissolution fee |
|---|---|---|---|
| South Dakota | Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid. | No state notice statute confirmed | corporation $10 |
| Minnesota | Unpaid wages are due immediately when the employee demands them after a discharge, and the employer is in default if those wages are not paid within 24 hours after that written demand. | No state notice statute confirmed | LLC $35 |
| Colorado | When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge is due and payable immediately. | No state notice statute confirmed | LLC $10 |
| Iowa | When employment is suspended or terminated, the employer shall pay all wages earned, less lawful deductions, not later than the next regular payday for the pay period in which the wages were earned. | 30 days, a person who employs twenty-five or more employees, excluding part-time employees | LLC $5 |
Articles of dissolution under SDCL 47-1A-122 is $10 in South Dakota. Statement of Termination is $35 in Minnesota.
South Dakota: Whenever an employer separates an employee from the payroll, the. Colorado: When an interruption in the employer-employee relationship by volition of.
South Dakota: SDCL 60-11-10 sets when unpaid wages are due. Iowa: An employer who plans a business closing or.
Articles of dissolution under SDCL 47-1A-122 is $10 in South Dakota. Statement of Dissolution (Iowa Code 489.702) is $5 in Iowa.
General information only. This is not legal, tax or financial advice.
Related
- Wind-down rules by US state
Final paycheck deadlines, state WARN notice, and dissolution fees for 51 US jurisdictions.
- Winding down
Order of operations to wind down a company, from approval through taxes and dissolution.
- Tennessee
Final pay, state WARN, and the dissolution fee for Tennessee.
- Texas
Final pay, state WARN, and the dissolution fee for Texas.
- Utah
Final pay, state WARN, and the dissolution fee for Utah.
- Minnesota
Final pay, state WARN, and the dissolution fee for Minnesota.
- Colorado
Final pay, state WARN, and the dissolution fee for Colorado.
- Iowa
Final pay, state WARN, and the dissolution fee for Iowa.
Questions about closing a business in South Dakota
How fast must a final paycheck be paid in South Dakota after a layoff?
Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid. A corporation files Articles of dissolution under SDCL 47-1A-122 for $10. South Dakota is read beside Minnesota, not as a copy of that neighbour. The labor department host is dlr.sd.gov.
Does South Dakota have its own WARN Act?
SDCL 60-11-10 sets when unpaid wages are due after a separation. It does not set a private-employer advance-notice period for a plant closing or a mass layoff. South Dakota Legislature states that rule in SDCL 60-11-10. A corporation files Articles of dissolution under SDCL 47-1A-122 for $10. South Dakota is read beside Minnesota, not as a copy of that neighbour. The labor department host is dlr.sd.gov.
Which form dissolves a South Dakota corporation, and what is the filing fee?
South Dakota Legislature lists Articles of dissolution under SDCL 47-1A-122 for a South Dakota corporation. The filing fee is $10. SDCL 47-1A-122 is the schedule that states $10. Deliver articles of dissolution to the South Dakota Secretary of State. SDCL 47-1A-122 sets that filing fee at $10. A corporation files Articles of dissolution under SDCL 47-1A-122 for $10. South Dakota is read beside Minnesota, not as a copy of that neighbour. The labor department host is dlr.sd.gov.
Is this South Dakota page legal advice for my layoff?
Whenever an employer separates an employee from the payroll, the unpaid wages or compensation of such employee are due and payable not later than the next regular stated pay day for which those hours would have normally been paid. That South Dakota quote is general information, not legal advice. Ask your lawyer before you set a payday. Vetrix does not file Articles of dissolution under SDCL 47-1A-122 ($10).
Sources
- South Dakota Legislature. SDCL 60-11-10. Checked 2026-11-04
- South Dakota Legislature. SDCL 47-1A-122. Checked 2026-11-04