Free Printable South Dakota Non-Compete Agreement & Requirements
Restrict employee from competing after leaving
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NON-COMPETE AGREEMENT State of South Dakota This Non-Compete Agreement is entered into on [DATE] between: EMPLOYER: Company: [COMPANY NAME] Address: [ADDRESS], SD [ZIP] EMPLOYEE: Name: [EMPLOYEE NAME] Address: [ADDRESS], SD [ZIP] 1. NON-COMPETE COVENANT Employee agrees not to engage in any business that competes with Employer within: Geographic Area: [RADIUS/AREA] Duration: [MONTHS/YEARS] after termination of employment 2. NON-SOLICITATION Employee agrees not to solicit Employer's clients, customers, or employees for [DURATION] after termination. 3. CONSIDERATION In exchange for this agreement, Employee receives: [ ] Employment [ ] Promotion [ ] $[AMOUNT] [ ] Other: [DESCRIBE] 4. EXCEPTIONS This agreement does not apply to: [LIST ANY EXCEPTIONS] 5. REMEDIES Employer may seek injunctive relief and damages for breach. Employee agrees to pay Employer's attorney fees if found in breach. 6. SEVERABILITY If any provision is found unenforceable under South Dakota law, the remaining provisions remain in effect. This agreement is governed by South Dakota law (SD Statutes). Note: Non-compete enforceability varies by state. EMPLOYER: _____________________ DATE: _____ EMPLOYEE: _____________________ DATE: _____
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Non-Compete Agreement template for South Dakota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Non-Compete Agreement Costs in South Dakota
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | South Dakota standard rate: $10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in South Dakota |
| Sales Tax | 4.5% | South Dakota base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
FAQ: Non-Compete Agreement in South Dakota
Is a Non-Compete Agreement required in South Dakota?
Yes, in South Dakota, a Non-Compete Agreement is required for most transactions of this type. Under South Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Non-Compete Agreement may result in legal complications.
Does a Non-Compete Agreement need to be notarized in South Dakota?
Notarization requirements in South Dakota (SD) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Non-Compete Agreement in South Dakota?
South Dakota has a base sales tax rate of 4.5%. Depending on the type of transaction documented in your Non-Compete Agreement, additional local taxes may apply. Consult with a South Dakota tax professional for specific guidance on your situation.
South Dakota Non-Compete Agreement Requirements
Review the following requirements to ensure your Non-Compete Agreement is legally valid in South Dakota.
South Dakota Notarization
While notarization may not be required in South Dakota, it is recommended. Fees range from $10.
Before You Sign
Review all information carefully. In South Dakota, a 4.5% sales tax may apply.
Legal Protection
Keep copies of all signed documents. South Dakota law requires all parties to receive copies of executed documents.
South Dakota Filing Deadlines
Check South Dakota deadlines for filing or recording this document with the appropriate county clerk's office.
South Dakota Non-Compete Agreement Legal Guide
This legally binding document in South Dakota serves as official proof of transaction and is recognized by courts and government agencies.
Under South Dakota State Code, residents of South Dakota must ensure this Non-Compete Agreement complies with all state requirements. The current sales tax rate is 4.5%, and notarization costs between $10. One witness is required in SD.
This document offers comprehensive legal protection tailored specifically to South Dakota's unique statutory framework.
Getting It Done Right in South Dakota
Here's the practical approach: download, fill in your details, get signatures, and handle any SD-required notarization. South Dakota makes the process relatively straightforward, but attention to detail matters. Keep at least two copies — one for each party involved.
Enforceability in South Dakota
A Non-Compete Agreement that meets all SD requirements is fully enforceable in South Dakota. Courts in South Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Smart Practices for SD Compliance
South Dakota has specific rules that differ from neighboring states. Always verify your document against current SD statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in South Dakota may need updating for 2026.
Meeting South Dakota's Legal Threshold
For your Non-Compete Agreement to hold up in a South Dakota court, it must satisfy the state's statutory requirements. SD law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
A Non-Compete Agreement that meets all SD requirements is fully enforceable in South Dakota. Courts in South Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Smart Practices for SD Compliance
South Dakota has specific rules that differ from neighboring states. Always verify your document against current SD statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in South Dakota may need updating for 2026.
Meeting South Dakota's Legal Threshold
For your Non-Compete Agreement to hold up in a South Dakota court, it must satisfy the state's statutory requirements. SD law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
For your Non-Compete Agreement to hold up in a South Dakota court, it must satisfy the state's statutory requirements. SD law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Where to File Your Non-Compete Agreement in South Dakota
Visit your local County Clerk office to file or notarize your Non-Compete Agreement.
South Dakota County Clerk
South Dakota Capital
Main Government Building, South Dakota
District County Clerk
South Dakota Metro Area
County Courthouse, SD
Other Forms in South Dakota
Non-Compete Agreement in Neighboring States
Document Information
- Document
- Non-Compete Agreement
- State
- South Dakota (SD)
- Category
- Employment
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 4.5%
- Notary Fee
- $10
South Dakota Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in South Dakota may change. Consult a licensed attorney for advice specific to your situation.