For the purposes of § 10-45-96 , the term, professional employer organization, means a firm which: (1) Enters into a contractual agreement with a client company to create a co - employment relationship for the provision of payroll, benefits, and other human resources functions; (2) Covers at least seventy - five percent of the client company's full - time or full - time equivalent employees domiciled in South Dakota; and (3) Maintains separate books and records of account for each client company.
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