reglab/housing_qa huggingface dataset:
SD Codified L § 37-25A-43 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-43 - Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale.

37-25A-43. Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale.No person, in connection with the offer or sale of any business opportunity in this state, may:(1)Employ any device, scheme, or artifice to defraud;(2)Make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or(3)Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. Source: SL 1985, ch 305, §43.
SD Codified L § 37-25A-44 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-44 - False or misleading statements or omissions in proceedings or filings prohibited.

37-25A-44. False or misleading statements or omissions in proceedings or filings prohibited.No person may make or cause to be made, in any document filed with the director of the Division of Insurance or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect or, in connection with such statement, to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading. Source: SL 1985, ch 305, §44; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-45 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-45 - Filing and registration not constituting finding of truthfulness or approval--Contrary representations prohibited.

37-25A-45. Filing and registration not constituting finding of truthfulness or approval--Contrary representations prohibited.Neither the fact that an application for registration has been filed nor the fact that a business opportunity is effectively registered constitutes a finding by the director of the Division of Insurance that any document filed under this chapter is true, complete and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a business opportunity means that the director has passed upon the merits or qualifications of, or recommend or given approval to, any person or business opportunity. No person may make or cause to be made to any purchaser any representation inconsistent with the foregoing. Source: SL 1985, ch 305, §45; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-46 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-46 - Advertising with misleading statements or omissions prohibited.

37-25A-46. Advertising with misleading statements or omissions prohibited.No person may, in connection with the offer or sale of any business opportunity in this state, publish, circulate, or use any advertising which contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading. Source: SL 1985, ch 305, §46.
SD Codified L § 37-25A-47 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-47 - Violations as felonies--Separate offenses.

37-25A-47. Violations as felonies--Separate offenses.Any person who willfully violates §§37-25A-7 to 37-25A-9, inclusive, 37-25A-14, 37-25A-16, 37-25A-23, 37-25A-24, 37-25A-43, 37-25A-45, and 37-25A-46 or who willfully violates any order of which the person has notice, or who violates §37-25A-44 knowing that the statement made was false or misleading in any material respect is guilty of a Class 5 felony. Each of the acts specified constitutes a separate offense and a prosecution or conviction for any one of such offenses may not bar prosecution or conviction for any other offense. Source: SL 1985, ch 305, §47.
SD Codified L § 37-25A-48 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-48 - Civil liability for registration violations.

37-25A-48. Civil liability for registration violations.Any person who violates §§37-25A-7 to 37-25A-9, inclusive, 37-25A-14, 37-25A-16, 37-25A-23, and 37-25A-24 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs. Source: SL 1985, ch 305, §48.
SD Codified L § 37-25A-49 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-49 - Civil liability for representation violations.

37-25A-49. Civil liability for representation violations.Any person who violates §§37-25A-43, 37-25A-45, and 37-25A-46 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs. Source: SL 1985, ch 305, §49.
SD Codified L § 37-25A-50 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-50 - Action on bond.

37-25A-50. Action on bond.Any person who violates §§37-25A-14, 37-25A-43, 37-25A-45, and 37-25A-46, or who breaches any business opportunity contract or agreement or any obligation arising under the contract or agreement, is liable to the purchaser who may sue the surety of the bond, either at law or in equity to recover all money or other valuable consideration paid for the business opportunity and actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs. The liability of the surety may not exceed the amount of the bond. Source: SL 1985, ch 305, §50.
SD Codified L § 37-25A-51 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-51 - Liability of person aiding or controlling violator.

37-25A-51. Liability of person aiding or controlling violator.Any person who controls or materially aids a person liable under §37-25A-46 or 37-25A-47 shall be liable jointly and severally with and to the same extent as the person committing the violation. Source: SL 1985, ch 305, §51.
SD Codified L § 37-25A-52 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-52 - Limitation of actions to enforce civil liability.

37-25A-52. Limitation of actions to enforce civil liability.No action may be maintained under §§37-25A-47 to 37-25A-49, inclusive, unless commenced before the expiration of three years after the act of transaction constituting the violation. Source: SL 1985, ch 305, §52.
SD Codified L § 37-25A-53 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-53 - Rights and remedies under chapter additional.

37-25A-53. Rights and remedies under chapter additional.The rights and remedies under this chapter are in addition to any other rights or remedies that may exist at law or in equity. Source: SL 1985, ch 305, §53.
SD Codified L § 37-25A-54 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-54 - Waiver of rights void.

37-25A-54. Waiver of rights void.Any condition, stipulation or provision binding any purchaser of a business opportunity to waive compliance with or relieving a person from any duty or liability imposed by or any right provided by this chapter or any rule or order issued pursuant to this chapter is void. Source: SL 1985, ch 305, §54.
SD Codified L § 37-25A-55 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-55 - Civil penalty.

37-25A-55. Civil penalty.The director may impose a civil penalty against a person named in an order issued under §37-25A-30 for violation of §§37-25A-7, and 37-25A-43 to 37-25A-46, inclusive. The amount of the civil penalty may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order. Any civil penalty collected pursuant to this section shall be deposited into the state general fund. The civil penalty may only be imposed:(1)Following an opportunity for a hearing under §37-25A-30 if notice delivered to all named persons includes notice of the director's authority to impose a civil penalty under this section; or(2)As part of an order issued pursuant to subdivision 37-25A-30(1) if the order is stipulated to by each person subject to the civil penalty. Source: SL 2008, ch 203, §59.
SD Codified L § 37-26-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-1 - Definition of terms.

37-26-1. Definition of terms.Terms used throughout this chapter unless the context plainly requires otherwise shall mean:(1)"Buying club," any corporation, partnership, unincorporated association, or other business enterprise organized with the primary purpose of providing benefits to members from the cooperative purchase of services or merchandise;(2)"Club," any buying club;(3)"Contract," any written agreement by which one becomes a member of a club;(4)"Member," any status by which any natural person is entitled to any of the benefits of a club;(5)"Prepayment," any payment greater than twenty-five dollars for service, merchandise or membership made before the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract. Source: SL 1975, ch 246, §1.
SD Codified L § 37-26-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-2 - Fraudulent offer or sale of membership as felony.

37-26-2. Fraudulent offer or sale of membership as felony.Any person who employs, directly or indirectly, any device, scheme, or artifice to defraud in connection with the offer or sale of any membership or engages, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with the offer, purchase, or sale of any membership is guilty of a Class 5 felony. Source: SL 1975, ch 246, §14; SL 1977, ch 190, §297.
SD Codified L § 37-26-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-3 - Bond required of buying club--Amount.

37-26-3. Bond required of buying club--Amount.Every buying club shall maintain a cash bond or a bond issued by a surety company licensed to do business in this state in the penal sum of one hundred thousand dollars. Source: SL 1975, ch 246, §6.
SD Codified L § 37-26-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-4 - Loss covered by bond--Filing and approval of bond--Action on bond.

37-26-4. Loss covered by bond--Filing and approval of bond--Action on bond.The bond required by §37-26-3 shall be in favor of the state for the benefit of any member who suffers loss of any prepayment made pursuant to a contract entered into after March 27, 1975, due to insolvency of the club or the cessation of business by the club. The bond shall be filed with, and approved by, the attorney general. Any person claiming against the bond may maintain an action at law against the club and the surety. Source: SL 1975, ch 246, §8; SL 1987, ch 29, §52.
SD Codified L § 37-26-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-5 - Liability of surety limited to amount of bond.

37-26-5. Liability of surety limited to amount of bond.The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond. Source: SL 1975, ch 246, §9.
SD Codified L § 37-26-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-6 - Exemption from bond requirements of clubs not receiving prepayment--Declaration filed.

37-26-6. Exemption from bond requirements of clubs not receiving prepayment--Declaration filed.Sections 37-26-3 to 37-26-5, inclusive, do not apply to any club which files a declaration, executed under penalty of perjury by the owner or manager of such club, with the attorney general stating that the club does not require, or in the ordinary course of business, receive prepayment. Source: SL 1975, ch 246, §10; SL 1987, ch 29, §53.
SD Codified L § 37-26-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-7 - Violation of chapter as felony.

37-26-7. Violation of chapter as felony.Any person who intentionally violates any provisions of this chapter which is not otherwise classified is guilty of a Class 5 felony. Source: SL 1975, ch 246, §13; SL 1977, ch 190, §298.
SD Codified L § 37-26-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-8 - Punishment under other criminal laws not prevented by chapter.

37-26-8. Punishment under other criminal laws not prevented by chapter.Nothing in this chapter shall limit the power of this state to punish any person for any conduct which constitutes a crime under any other statute. Source: SL 1975, ch 246, §15.
SD Codified L § 37-26-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-9 - Consumer protection avoidance period provisions applied.

37-26-9. Consumer protection avoidance period provisions applied.Notwithstanding any other provision of law, the avoidance period provisions as provided for in chapter 37-24 are applicable to contracts for membership under this chapter. Source: SL 1975, ch 246, §2.
SD Codified L § 37-26-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-10 - Civil action for damages from violation of chapter--Equitable relief.

37-26-10. Civil action for damages from violation of chapter--Equitable relief.In addition to the remedies otherwise provided by law, any person damaged by a violation of any of the provisions of this chapter may bring a civil action and recover damages, together with costs and disbursements, including reasonable attorney's fees, and receive other equitable relief as determined by the court. Source: SL 1975, ch 246, §12.
SD Codified L § 37-26-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 26 - Buying Clubs|Section 37-26-11 - Attorney general's action for injunctive relief--Recovery of penalty for state--Maximum amount--Receivership--Disposition of civil penalties.

37-26-11. Attorney general's action for injunctive relief--Recovery of penalty for state--Maximum amount--Receivership--Disposition of civil penalties.The attorney general shall investigate violations of this chapter. If, from information in his possession there are reasonable grounds to believe that any person has violated or is about to violate any provisions of this chapter, or that any club is insolvent, the attorney general shall on behalf of the state, sue for and seek injunctive relief against any such violations or threatened violations. The attorney general shall also sue for and recover for the state, from any person who is found to have violated any provision of this chapter, a civil penalty, in an amount to be determined by the court, not in excess of twenty-five thousand dollars. If a club has failed to maintain the bond required by this chapter, or is insolvent or in imminent danger of insolvency, the attorney general shall sue for and have an order appointing a receiver for the property, assets, business and affairs of the club. All civil penalties recovered under this section shall be deposited in the general fund of the state treasury. Source: SL 1975, ch 246, §11; SL 1987, ch 29, §54.
SD Codified L § 37-28-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 28 - Foreign Trade Zones|Section 37-28-1 - Definitions.

37-28-1. Definitions.Terms used in this chapter, unless the context otherwise plainly requires, mean:(1)"Act of Congress," the Act of Congress approved June18, 1934, entitled an act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes, as amended, and commonly known as the Foreign Trade Zones Act of 1934;(2)"Private corporation," a corporation organized under §§47-1A-101 to 47-1A-863.3, inclusive, §§47-1A-1001 to 47-1A-1021, inclusive, and §§47-1A-1201 to 47-1A-1202.6, inclusive, one of the purposes of which is to establish, operate and maintain a foreign trade zone by itself or in conjunction with a public corporation;(3)"Public corporation," this state; a political subdivision of this state; any municipality therein; any public agency of the state, of any public subdivision in the state or of any municipality in the state; or any other corporate instrumentality of this state. Source: SL 1984, ch 261, §1; SL 2005, ch 202, §2.
SD Codified L § 37-28-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 28 - Foreign Trade Zones|Section 37-28-2 - Application to establish foreign trade zone.

37-28-2. Application to establish foreign trade zone.Any public or private corporation may apply to the proper authorities of the United States for a grant of privilege authorizing the establishment, operation and maintenance of foreign trade zones and foreign trade subzones, and the establishment, operation and maintenance of such zones, all in accordance with the act of Congress and other applicable laws and rules. Source: SL 1984, ch 261, §2.
SD Codified L § 37-29-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 29 - Uniform Trade Secrets Act|Section 37-29-1 - Definitions.

37-29-1. Definitions.Terms used in this chapter mean:(1)"Improper," includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;(2)"Misappropriation,"(i)Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or(ii)Disclosure or use of a trade secret of another without express or implied consent by a person who:(A)Used improper means to acquire knowledge of the trade secret; or(B)At the time of disclosure or use, knew or had reason to know that such knowledge of the trade secret was: (I) Derived from or through a person who had utilized improper means to acquire it; (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or(C)Before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;(3)"Person," a natural person, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity;(4)"Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, or process, that:(i)Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and(ii)Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Source: SL 1988, ch 354, §1; SL 1994, ch 351, §89.
SD Codified L § 37-29-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 29 - Uniform Trade Secrets Act|Section 37-29-2 - Injunctive relief.

37-29-2. Injunctive relief.(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. Source: SL 1988, ch 354, §2.
SD Codified L § 37-29-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 29 - Uniform Trade Secrets Act|Section 37-29-3 - Damages.

37-29-3. Damages.(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). Source: SL 1988, ch 354, §3.
SD Codified L § 37-29-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 29 - Uniform Trade Secrets Act|Section 37-29-4 - Attorney's fees.

37-29-4. Attorney's fees.If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party. Source: SL 1988, ch 354, §4.
SD Codified L § 37-29-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 29 - Uniform Trade Secrets Act|Section 37-29-5 - Preservation of secrecy.

37-29-5. Preservation of secrecy.In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. Source: SL 1988, ch 354, §5.