reglab/housing_qa huggingface dataset:
SD Codified L § 51A-2-14 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-14 - Rules granting additional authority to banks to promote competitive equality.

51A-2-14. Rules granting additional authority to banks to promote competitive equality.The commission may adopt rules under its jurisdiction:(1)To authorize banks to participate in any public agency hereafter created under the laws of this state or the United States, the purpose of which is to afford advantages or safeguards to banks or to depositors, and to comply with all requirements and conditions imposed upon such participants;(2)Deleted by SL 1999, ch 233, §3.(3)To allow banks to engage in any other banking or nonbanking activities, not prohibited by state law, which the commission deems appropriate; and(4)To authorize banks to use new or different forms of accepting deposits, making loans, transferring funds, offering services and such other subjects as it deems appropriate.In adopting rules pursuant to this section, the commission shall adopt only such rules that, in the opinion of the commission, promote competitive equality between state chartered banks, national banks, and other financial institutions. Source: SL 1969, ch 11, §2.13 (4); SL 1970, ch 265, §7; SL 1981, ch 346, §5; SDCL, §51-16-16; SL 1988, ch 377, §31; SDCL, §51-16-14.1; SL 1999, ch 233, §3.
SD Codified L § 51A-2-14.1 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-14.1 - State chartered banks granted powers allowed federally chartered banks.

51A-2-14.1. State chartered banks granted powers allowed federally chartered banks.Notwithstanding any restrictions, limitations, and requirements of law, in addition to all powers, expressed or implied, that a state bank has under the laws of this state, a state bank shall have the powers and authorities conferred as of January 1, 2008, upon federally chartered banks doing business in this state. A state bank may exercise the powers and authorities conferred on a federally chartered bank after this date only if the director finds that the exercise of such powers and authorities:(1)Serves the convenience and advantage of depositors, borrowers, or the general public; and(2)Maintains the fairness of competition and parity between state chartered and federally chartered banks.If the director finds that the before-mentioned conditions have been met, the director shall make a declaratory ruling allowing state banks the same powers and authorities.As used in this section, powers and authorities, include, without limitation, powers and authorities in corporate governance and operational matters. Source: SL 1999, ch 233, §1; SL 2008, ch 252, §6.
SD Codified L § 51A-2-14.2 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-14.2 - Restrictions on federally chartered banks apply to state chartered banks.

51A-2-14.2. Restrictions on federally chartered banks apply to state chartered banks.The restrictions, limitations, and requirements applicable to specific powers or authorities of federally chartered banks apply to state banks exercising those powers or authorities permitted under §51A-2-14.1 but only insofar as the restrictions, limitations, and requirements relate to exercising the powers or authorities granted banks solely under §51A-2-14.1. Source: SL 1999, ch 233, §2.
SD Codified L § 51A-2-15 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-15 - Considerations of commission in making rules and regulations.

51A-2-15. Considerations of commission in making rules and regulations.In making rules, the commission shall act in the interests of promoting and maintaining a sound banking system; securing deposits, depositors and other customers; preserving the liquid position of banks; promoting the competitive equality of state-chartered banks with national banks and other financial institutions in all aspects of banking practices and permitted nonbanking activities; and preventing injurious credit expansions and contractions. Source: SL 1969, ch 11, §2.29; SL 1981, ch 346, §19; SDCL, §51-16-39; SL 1988, ch 377, §52; SDCL, §51-16-14.2.
SD Codified L § 51A-2-16 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-16 - Applications to organize or change control of bank, to merge, to open or close branch banks, or to change location.

51A-2-16. Applications to organize or change control of bank, to merge, to open or close branch banks, or to change location.The director shall act on an application to organize or change control of a bank; an application for a bank merger; an application to open or close a branch bank, mobile branch bank, or loan production office; or an application to change a bank's location. After the filing of a completed application deemed acceptable to the director, the director shall cause a public notice of the application to be published in a newspaper of general circulation serving the community most directly affected by the application together with any other means of notification to interested persons as the director may determine appropriate.The notice shall direct that any interested persons may file a written objection or written comment to the application with the division within fifteen days following the date of publication. Within thirty days following the date of publication, the director shall consider any written objection and written comment and, in accordance with §51A-3-9, either approve or disapprove the application. The director shall provide written notice of the director's action on the application to the applicant and to any person having filed with the division a written objection or written comment by mail to the person's last known address.An applicant aggrieved by the director's action on the application, may, within fifteen days after the notice has been mailed, file with the division a written request for a hearing before the commission. Any person who has filed a written objection to the application may, within fifteen days after the notice has been mailed, file a motion with the commission, in accordance with §1-26-17.1, to become a party to the application proceeding and request a hearing before the commission. Unless the commission grants the motion or unless the applicant has filed a written request for hearing before the commission, the director's determination on the application is final.All proceedings before the commission on an application shall be held in conformance with chapter 1-26. If the application involves establishment of any type of competitive banking service in the trade territory of a bank in which any banking commissioner is interested, the commissioner shall be deemed disqualified, and the commission shall be recomposed as provided in §51A-2-11. Source: SDC 1939, §6.0205 (4); SL 1966, ch 12; SDCL §§51-2-20, 51-2-21; SL 1969, ch 11, §2.13 (3); SL 1988, ch 377, §29; SDCL §51-16-15; SL 1995, ch 266; SL 1998, ch 278, §2; SL 2008, ch 252, §7; SL 2017, ch 203, §1.
SD Codified L § 51A-2-17 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-17 - Forms of advertising.

51A-2-17. Forms of advertising.No bank may engage in any form of advertising which is false, misleading or deceptive. Source: SL 1969, ch 11, §2.13 (8); SL 1988, ch 377, §33; SDCL, §51-16-20.
SD Codified L § 51A-2-18 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-18 - Examination of banks by director--Substitution for examination requirements.

51A-2-18. Examination of banks by director--Substitution for examination requirements.The director shall examine, at least once in every two calendar years, and at such other times that he may deem necessary, all of the affairs of each bank and its subsidiaries. In order to determine how frequently to examine a bank, he may establish a system of classifying banks, based on their current examination, and examine different classes with varying frequency. The director may substitute an examination conducted by the Federal Deposit Insurance Corporation or the federal reserve system for an examination required by this section. Source: SL 1909, ch 222, art 1, §4; SL 1911, ch 256, §4; SL 1915, ch 102, art 1, §4; RC 1919, §8920; SL 1935, ch 56; SDC 1939, §6.0215; SDCL, §§51-12-7, 51-12-10; SL 1969, ch 11, §2.14; SL 1970, ch 265, §8; SL 1978, ch 350, §4; SL 1981, ch 346, §8; SL 1988, ch 377, §34; SDCL, §51-16-21.
SD Codified L § 51A-2-19 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-19 - Subpoena power--Witness fees and mileage.

51A-2-19. Subpoena power--Witness fees and mileage.The director may issue subpoenas and subpoenas duces tecum returnable to any place within this state relating to any matter under investigation. He may administer oaths and examine witnesses under oath for like purposes and to that end may invoke the aid of any circuit court of this state pursuant to chapter 21-34 in enforcing the provisions of this section. Witness fees and mileage are the same as are allowed in the circuit courts of this state and are a proper charge against the assets of the bank examined, payable immediately upon the order of the director. Source: SDCL, §51-16-21; SL 1988, ch 377, §34; SDCL, §51-16-21.1.
SD Codified L § 51A-2-20 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-20 - Examination by director upon application by board--Fees and expenses.

51A-2-20. Examination by director upon application by board--Fees and expenses.The director shall examine any bank upon a formal application made by its board of directors, in which event, in addition to the regular fees prescribed, such bank shall pay all actual expenses incurred in connection therewith. Source: SL 1909, ch 222, art 1, §4; SL 1911, ch 256, §1915, ch 102, art 1, §4; RC 1919, §8920; SL 1935, ch 56; SDC 1939, §6.0215; SDCL, §51-12-9; SL 1969, ch 11, §2.15; SL 1988, ch 377, §35; SDCL, §51-16-22.
SD Codified L § 51A-2-21 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-21 - Order to prohibit stockholders' action pending judicial determination.

51A-2-21. Order to prohibit stockholders' action pending judicial determination.The director may order the prohibition of specific action at any stockholders' meeting of any bank pending timely application for judicial determination on any matter if he believes that such order is necessary to protect the bank against improper, incompetent or careless management practices to safeguard the funds of depositors or to prevent willful violation of this title or any regulation adopted hereunder. Source: SL 1969, ch 11, §2.17 (1); SL 1970, ch 265, §9; SL 1988, ch 377, §37; SDCL, §51-16-24.
SD Codified L § 51A-2-22 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-22 - Removal of director, officer, or employee of bank--Grounds for order by director.

51A-2-22. Removal of director, officer, or employee of bank--Grounds for order by director.The director, may, subject to the approval of the commission, order the removal or prohibition from the banking industry in South Dakota, or both, of any director, officer, or employee of a bank, upon showing that the director, officer or employee has engaged or participated in any unlawful banking activity, any unsafe or unsound practice in which the bank has suffered or will suffer financial loss or other damage, or upon showing that the director, officer, or employee has knowingly caused the bank to be in violation of any part of this title or any rule issued thereunder, or who is determined by the director to have knowingly and willfully violated the terms of any order issued pursuant to §51A-2-25 or 12 U.S.C. §1818. Any person so affected by an order of the director or commission has the right to a hearing pursuant to chapter 1-26. Source: SL 1909, ch 222, art 2, §48; SL 1915, ch 102, art 2, §53; RC 1919, §9001; SDC 1939, §6.0205 (8); SDCL §51-2-23; SL 1969, ch 11, §2.17 (2); SL 1970, ch 265, §10; SL 1988, ch 377, §38; SDCL §51-16-25; SL 2008, ch 252, §8.
SD Codified L § 51A-2-23 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-23 - Review of removal order by commission.

51A-2-23. Review of removal order by commission.The commission shall approve or disapprove any removal order requested by the director pursuant to §51A-2-22. Any proceeding held pursuant to this section shall conform with the provisions of chapter 1-26 governing contested cases. Source: SL 1981, ch 346, §12; SL 1988, ch 377, §39; SDCL, §51-16-25.1.
SD Codified L § 51A-2-24 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-24 - Accounting practices--Valuation of assets--Required practices to protect loans.

51A-2-24. Accounting practices--Valuation of assets--Required practices to protect loans.The director may require any bank:(1)To maintain its accounts in a prescribed manner having regard for the size of the bank;(2)To observe methods and standards for determining the value of various types of assets;(3)To charge off the whole or part of any asset which could not then be lawfully acquired;(4)To write down an asset to its market value;(5)To record liens and other interests in property;(6)To obtain a financial statement and adequate credit information from borrowers;(7)To require borrowers to obtain insurance against damage to real or personal property taken as security;(8)To require borrowers to search or obtain insurance of title to real estate or chattels taken as security;(9)To maintain adequate insurance against such other risks relating to the bank premises, its deposits, vaults and offices as he may determine to be necessary and appropriate for the protection of deposits and the public. Source: SL 1915, ch 102, art 2, §21; RC 1919, §8968; SDC 1939, §6.0434; SDCL, §51-12-1; SL 1969, ch 11, §2.17 (3); SL 1970, ch 265, §11; SL 1988, ch 377, §40; SDCL, §51-16-26.
SD Codified L § 51A-2-25 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-25 - Temporary order of director against unsound practice.

51A-2-25. Temporary order of director against unsound practice.The director may issue a temporary order having force until the next regular meeting of the commission, or special meeting of the commission if requested by the director or by a member of the commission, requiring that any person cease and desist from engaging in any unsound or unlawful banking practice. Source: SL 1969, ch 11, §2.17 (4); SL 1970, ch 265, §12; SL 1981, ch 346, §10; SL 1988, ch 377, §41; SDCL §51-16-27; SL 2008, ch 252, §9.
SD Codified L § 51A-2-26 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-26 - Permanent order of commission against unsound practice.

51A-2-26. Permanent order of commission against unsound practice.The commission may enter, subject to chapter 1-26, a permanent order, upon the return to it of a temporary order, issued by the director pursuant to §51A-2-25 and a showing that the bank has engaged in unsound or unlawful practices. Source: SL 1981, ch 346, §13; SL 1988, ch 377, §42; SDCL, §51-16-27.1.
SD Codified L § 51A-2-27 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-27 - Injunctive relief.

51A-2-27. Injunctive relief.If a person or bank that is subject to an order entered by the director or the commission pursuant to §51A-2-22, 51A-2-25 or 51A-2-26, fails to comply with such order, the director or commission may seek an injunction from the circuit court in the county in which the bank is located, ordering such person or bank to cease and desist from the unsound or unlawful banking practice. An injunction shall be granted upon a showing that certain practices were engaged in that are contrary to sound banking practices, and that these practices contributed to the financial detriment of the bank. Source: SL 1981, ch 346, §11; SL 1988, ch 377, §43; SDCL, §51-16-27.2
SD Codified L § 51A-2-28 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-28 - Seal of director.

51A-2-28. Seal of director.The director shall have a seal of office containing the words "Director of the Division of Banking of South Dakota" in the form of a circle and the word "Seal" inside the circle. Source: SL 1909, ch 222, art 1, §3; SL 1911, ch 256, §3; SL 1915, ch 102, art 1, §3; RC 1919, §8919; SDC 1939, §6.0214; SDCL, §51-2-29; SL 1969, ch 11, §2.18; SL 1988, ch 377, §44; SDCL, §51-16-28.
SD Codified L § 51A-2-29 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-29 - Record of fees--Disposition of money collected.

51A-2-29. Record of fees--Disposition of money collected.The division shall keep an official record of all fees collected and of all expenses incurred pursuant to this title. All money so collected shall be reported and paid to the state treasurer and deposited in the banking revolving fund. Source: SL 1909, ch 222, art 1, §§2, 6, 18; SL 1911, ch 256, §§2, 6, 30; SL 1915, ch 102, art 1, §§2, 6, 29; SL 1917, ch 140, §§1, 2; RC 1919, §§8922, 8945; SL 1921, ch 135; SL 1933, ch 56; SDC 1939, §6.0217; SL 1941, ch 14, §1; SDCL, §51-2-32; SL 1969, ch 11, §2.19; SL 1978, ch 355, §3; SL 1981, ch 346, §14; SL 1986, ch 399, §1; SL 1988, ch 377, §45; SDCL, §51-16-29.
SD Codified L § 51A-2-30 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-30 - Banking special revenue fund created--Disbursements.

51A-2-30. Banking special revenue fund created--Disbursements.There is hereby created in the state treasury the banking special revenue fund. Moneys deposited to this fund shall be expended as directed by the Legislature. Source: SL 1978, ch 355, §2; SL 1988, ch 377, §46; SDCL, §51-16-29.1.
SD Codified L § 51A-2-31 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-31 - Copies of official records and papers in office of division--Evidentiary value--Fee for certified copy.

51A-2-31. Copies of official records and papers in office of division--Evidentiary value--Fee for certified copy.Copies of all official records and papers in the office of the Division of Banking, certified by the director and authenticated by the official seal, shall be received in evidence in all courts of this state with like force as the originals thereof.Whenever any certified copy of any record or paper filed in the office of the division is furnished by it, it shall charge and collect a fee of not more than fifty cents per page. The amount of the fee shall be set to reflect actual costs. All such fees shall be paid into the state treasury to the credit of the banking special revenue fund. Source: SDC 1939, §6.0218; SL 1941, ch 14, §2; SDCL, §§51-2-30, 51-2-31; SL 1969, ch 11, §2.20; SL 1981, ch 346, §15; SL 1988, ch 377, §47; SDCL, §51-16-30.
SD Codified L § 51A-2-32 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-32 - Oaths and bonds of commissioners, director, deputy director, examiners and special examiners, and other division personnel.

51A-2-32. Oaths and bonds of commissioners, director, deputy director, examiners and special examiners, and other division personnel.Before entering upon his duties, each of the persons hereinafter mentioned, and such other persons in positions of trust named by the commission, shall take and subscribe to the oath of office prescribed by the Constitution, and each shall give to the state a corporate surety bond to be approved, recorded, and filed as the official bonds of other state officers, conditioned for the faithful discharge of the duties of his office. Such bonds may be in individual, schedule, or blanket form and shall be in the following sums: the director, twenty-five thousand dollars; the deputy director, twenty-five thousand dollars; examiners and special examiners, each, twenty-five thousand dollars; all other persons, in an amount fixed by the commission. The premium for the bond of all such officers shall be paid as provided by law for the bonds of other public officers. Source: SL 1909, ch 222, art 1, §2; SL 1911, ch 256, §2; SL 1915, ch 102, art 1, §2; SL 1917, ch 140, §1; RC 1919, §8918; SL 1921, ch 135; SL 1933, ch 47, §3; SL 1933, ch 56; SDC 1939, §6.0202; SDCL, §§51-2-11, 51-2-13; SL 1969, ch 11, §2.22; SL 1989, ch 408; SDCL, §51-16-32.
SD Codified L § 51A-2-33 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 02 - Division Of Banking|Section 51A-2-33 - Secrecy oath of commissioners, director and division officers and employees--Exceptions to secrecy requirements.

51A-2-33. Secrecy oath of commissioners, director and division officers and employees--Exceptions to secrecy requirements.Before entering upon the discharge of his duties, each member of the commission, the director, and all officers and employees of the division shall take an oath to keep secret all facts and information obtained in the discharge of his official duties, except:(1)As the public duty of such officer or appointee requires him to report upon or take special action regarding the affairs of any bank;(2)Information with reference to a suspended bank which may be made public if, in the discretion of the director, it is to the best interests of the creditors thereof;(3)If called as a witness in a court or before any committee of either house of the Legislature;(4)The director or any of his appointees may disclose to the federal reserve board, the Federal Deposit Insurance Corporation, or the office of the comptroller of the currency, or the examiners appointed by them, all information with reference to the affairs of any state bank which is insured by the Federal Deposit Insurance Corporation, and to this end, the director, the federal reserve board, the Federal Deposit Insurance Corporation, and the office of the comptroller of the currency may exchange reports of examinations made by them;(5)The director may disclose reports of examinations to other state banking agencies on a reciprocal basis. Five days prior to the release of such reports, the director shall inform the chief executive officer and board of directors of the bank whose report is being released of the director's intention to make the release and of the name of the agency to which the report will be released.A violation of the oath is a Class 2 misdemeanor. Source: SL 1909, ch 222, art 1, §7; SL 1911, ch 256, §7; SL 1915, ch 102, art 1, §7; SL 1917, ch 140, §3; RC 1919, §8923; SL 1919, ch 120; SL 1931, ch 89; SL 1935, ch 55; SDC 1939, §6.0203; SDCL, §51-2-12; SL 1969, ch 11, §2.23; SL 1980, ch 24, §83; SL 1981, ch 346, §17; SL 1988, ch 377, §48; SDCL, §51-16-33.