reglab/housing_qa huggingface dataset:
SD Codified L § 51A-17-34 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-34 - Report of theft or loss.

51A-17-34. Report of theft or loss.An authorized delegate shall report to the licensee the theft or loss of payment instruments and stored value within twenty-four hours from the time the authorized delegate knew or should have known of such theft or loss. Source: SL 2008, ch 253, §34.
SD Codified L § 51A-17-35 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-35 - Suspension or revocation of license.

51A-17-35. Suspension or revocation of license.The director may suspend or revoke a licensee's license if the director finds that:(1)Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying such application;(2)The licensee's net worth becomes inadequate and the licensee, after ten days written notice from the director, fails to take such steps as the director deems necessary to remedy such deficiency;(3)The licensee violates any material provision of this chapter or any rule or order promulgated by the director under authority of this chapter;(4)The licensee is convicted of a violation of a state or federal anti-money laundering statute or is subject to an enforcement action for a violation of a state or federal anti-money laundering statute;(5)The licensee is conducting its business in an unsafe or unsound manner;(6)The licensee is insolvent;(7)The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted in writing its inability to pay its debts as they become due;(8)The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under any bankruptcy;(9)The licensee refuses to permit the director to make any examination authorized by this chapter;(10)The licensee fails to make any report required by this chapter; or(11)The competence, experience, character, or general fitness of the licensee indicates that it is not in the public interest to permit the licensee to conduct its business. Source: SL 2008, ch 253, §35.
SD Codified L § 51A-17-36 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-36 - Suspension or revocation of authorized delegate designation.

51A-17-36. Suspension or revocation of authorized delegate designation.The director may issue an order suspending or revoking the designation of an authorized delegate, if the director finds that:(1)The authorized delegate violated this chapter or a rule adopted or an order issued under this chapter;(2)The authorized delegate did not cooperate with an examination or investigation by the director;(3)The authorized delegate engages in fraud, intentional misrepresentation, or gross negligence;(4)The authorized delegate is convicted of a violation of a state or federal anti-money laundering statute or is subject to an enforcement action for a violation of a state or federal anti-money laundering statute;(5)The competence, experience, character, or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; or(6)The authorized delegate is engaging in an unsafe or unsound practice. In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate's provision of money services, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the authorized delegate.An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate pursuant to chapter 1-26. Source: SL 2008, ch 253, §36.
SD Codified L § 51A-17-37 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-37 - Cease and desist order.

51A-17-37. Cease and desist order.If the director determines that a violation of this chapter or of a rule adopted or an order issued pursuant to this chapter by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of assets of the licensee, the director may issue an order requiring the licensee or authorized delegate to cease and desist from the violation. The director may issue an order against a licensee to cease and desist from providing money transmission services through an authorized delegate that is the subject of a separate order pursuant to §51A-17-36. The order becomes effective upon service of it upon the licensee or authorized delegate. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 1-26. However, a licensee or an authorized delegate that is served with an order to cease and desist may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to chapter 1-26. Source: SL 2008, ch 253, §37.
SD Codified L § 51A-17-38 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-38 - Administrative proceeding following cease and desist order.

51A-17-38. Administrative proceeding following cease and desist order.The director shall commence an administrative proceeding pursuant to chapter 1-26 within twenty days after issuing an order to cease and desist. The director may apply to the circuit court for an appropriate order to protect the public interest. Source: SL 2008, ch 253, §38.
SD Codified L § 51A-17-39 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-39 - Consent order.

51A-17-39. Consent order.The director may enter into a consent order at any time with a person to resolve a matter arising under this chapter. A consent order shall be signed by the person to whom it is issued or by the person's authorized representative, and shall indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated. Source: SL 2008, ch 253, §39.
SD Codified L § 51A-17-40 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-40 - Fine for violation of chapter or rule.

51A-17-40. Fine for violation of chapter or rule.The director may assess a fine against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed five hundred dollars per day for each day the violation is outstanding, plus the state's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees. Source: SL 2008, ch 253, §40.
SD Codified L § 51A-17-41 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-41 - Intentional misrepresentations or omissions in records--Engaging in activity without required license--Felony.

51A-17-41. Intentional misrepresentations or omissions in records--Engaging in activity without required license--Felony.Any person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in such a record is guilty of a Class 6 felony. Any person that knowingly engages in any activity for which a license is required under this chapter without being licensed under this chapter is guilty of a Class 6 felony. Source: SL 2008, ch 253, §41.
SD Codified L § 51A-17-42 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-42 - Order to show cause--Temporary restraining order--Cease and desist order--Administrative proceeding--Judicial review.

51A-17-42. Order to show cause--Temporary restraining order--Cease and desist order--Administrative proceeding--Judicial review.If the director has reason to believe that a person has violated or is violating §51A-17-4, the director may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation of §51A-17-4. In an emergency, the director may petition the circuit court for the issuance of a temporary restraining order. An order to cease and desist becomes effective upon service of it upon the person. An order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding pursuant to chapter 1-26. A person that is served with an order to cease and desist for violating §51A-17-4 may petition the circuit court for a judicial order setting aside, limiting, or suspending the enforcement, operation, or effectiveness of the order pending the completion of an administrative proceeding pursuant to chapter 1-26. The director shall commence an administrative proceeding within twenty days after issuing an order to cease and desist. Source: SL 2008, ch 253, §42.
SD Codified L § 51A-17-43 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-43 - Jurisdiction of the courts.

51A-17-43. Jurisdiction of the courts.Any person who engages in business activity regulated by this chapter is deemed to have consented to the jurisdiction of the courts of South Dakota for all actions arising under this chapter. Source: SL 2008, ch 253, §43.
SD Codified L § 51A-17-45 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-45 - Licenses not assignable.

51A-17-45. Licenses not assignable.No license granted pursuant to this chapter is assignable. Source: SL 2008, ch 253, §45.
SD Codified L § 51A-17-46 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-46 - Funds to be deposited with state treasurer and credited to banking special revenue fund.

51A-17-46. Funds to be deposited with state treasurer and credited to banking special revenue fund.Any money coming into the custody of the division pursuant to this chapter shall be deposited with the state treasurer. The state treasurer shall credit the money to the banking special revenue fund. Any expenditure of money out of the fund may only be made by appropriation by the Legislature through either the General Appropriation Act or a special appropriation bill. The director shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this chapter. Source: SL 2008, ch 253, §46.
SD Codified L § 51A-17-47 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-47 - Promulgation of rules.

51A-17-47. Promulgation of rules.The director may promulgate rules pursuant to chapter 1-26 to establish the process for conducting background investigations, for the conduct of examinations, the reporting of information required by this chapter, and the process for the suspension or revocation of a license issued by the division. Source: SL 2008, ch 253, §47.
SD Codified L § 51A-17-48 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-48 - Use of nationwide mortgage licensing system and registry as information channeling agent.

51A-17-48. Use of nationwide mortgage licensing system and registry as information channeling agent.The director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the United States Department of Justice and any other state and federal regulatory official or agency with money transmission industry oversight authority as deemed necessary by the director to carry out the responsibilities of this chapter. Source: SL 2015, ch 241, §4; SL 2019, ch 206, §7.
SD Codified L § 51A-17-49 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-49 - Collection and maintenance of records and processing of fees.

51A-17-49. Collection and maintenance of records and processing of fees.The director may establish a relationship or enter into a contract with the nationwide mortgage licensing system and registry or an entity designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to any licensee or person subject to the provisions of this chapter. Source: SL 2015, ch 241, §5.
SD Codified L § 51A-17-50 (2021)
2021 South Dakota Codified Laws|Title 51A - Banks and Banking|Chapter 17 - Money Transmission|Section 51A-17-50 - Confidentiality of information provided to nationwide mortgage licensing system and registry.

51A-17-50. Confidentiality of information provided to nationwide mortgage licensing system and registry.The following provisions apply to the sharing of information collected and retained by the director during the administration of this chapter:(1)The provisions of §51A-17-30 regarding privacy or confidentiality apply to any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including any rule of a federal or state court, with respect to the information or material, continue to apply to the information or material after the information or material has been disclosed to the nationwide mortgage licensing system and registry. The information and material may be shared with a state or federal regulatory official who has money transmission industry oversight authority without the loss of privilege or the loss of confidentiality protections by federal law or §51A-17-30; and(2)No information or material that is subject to privilege or confidentiality pursuant to this section is subject to:(a)Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or(b)Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the nationwide mortgage licensing system and registry regarding the information or material is waived, in whole or in part, by the person to whom the information or material pertains.This section does not apply to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, money transmitters that is included in the nationwide mortgage licensing system and registry for access by the public. Source: SL 2015, ch 241, §6.
SD Codified L § 53-1-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 01 - Definitions And General Provisions|Section 53-1-1 - Contract defined.

53-1-1. Contract defined.A contract is an agreement to do or not to do a certain thing. Source: CivC 1877, §870; CL 1887, §3494; RCivC 1903, §1188; RC 1919, §803; SDC 1939, §10.0101.
SD Codified L § 53-1-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 01 - Definitions And General Provisions|Section 53-1-2 - Essential elements of contract.

53-1-2. Essential elements of contract.Elements essential to existence of a contract are:(1)Parties capable of contracting;(2)Their consent;(3)A lawful object; and(4)Sufficient cause or consideration. Source: CivC 1877, §871; CL 1887, §3495; RCivC 1903, §1189; RC 1919, §804; SDC 1939, §10.0102.
SD Codified L § 53-1-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 01 - Definitions And General Provisions|Section 53-1-3 - Contracts, express or implied--Express contract defined--Implied contract defined.

53-1-3. Contracts, express or implied--Express contract defined--Implied contract defined.A contract is either express or implied.An express contract is one, the terms of which are stated in words.An implied contract is one, the existence and terms of which are manifested by conduct. Source: CivC 1877, §§915 to 917; CL 1887, §§3539 to 3541; RCivC 1903, §§1233 to 1235; RC 1919, §§850 to 852; SDC 1939, §10.0601.
SD Codified L § 53-1-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 01 - Definitions And General Provisions|Section 53-1-4 - Law and usage of place of performance, application to contracts.

53-1-4. Law and usage of place of performance, application to contracts.A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. Source: CivC 1877, §937; CL 1887, §3561; RCivC 1903, §1255; RC 1919, §876; SDC 1939, §10.0106.
SD Codified L § 53-2-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 02 - Parties To Contracts|Section 53-2-1 - Persons capable of contracting.

53-2-1. Persons capable of contracting.All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights. Source: CivC 1877, §872; CL 1887, §3496; RCivC 1903, §1190; RC 1919, §805; SDC 1939, §10.0201.
SD Codified L § 53-2-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 02 - Parties To Contracts|Section 53-2-2 - Minors and persons of unsound mind--Capacity to contract.

53-2-2. Minors and persons of unsound mind--Capacity to contract.Minors and persons of unsound mind have only such capacity as is specified in the statutes relating to such persons. Source: CivC 1877, §873; CL 1887, §3497; RCivC 1903, §1191; RC 1919, §806; SDC 1939, §10.0202.
SD Codified L § 53-2-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 02 - Parties To Contracts|Section 53-2-3 - Identification of parties necessary to validity.

53-2-3. Identification of parties necessary to validity.If the parties cannot be identified, a contract is invalid. Source: CivC 1877, §874; CL 1887, §3498; RCivC 1903, §1192; RC 1919, §807; SDC 1939, §10.0203.
SD Codified L § 53-2-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 02 - Parties To Contracts|Section 53-2-4 - Joint and several contracts.

53-2-4. Joint and several contracts.Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. Source: CivC 1877, §950; CL 1887, §3574; RCivC 1903, §1268; RC 1919, §889; SDC 1939, §10.0104.
SD Codified L § 53-2-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 02 - Parties To Contracts|Section 53-2-5 - Promise in singular number--Execution by several persons.

53-2-5. Promise in singular number--Execution by several persons.A promise made in the singular number but executed by several persons is presumed to be joint and several. Source: CivC 1877, §951; CL 1887, §3575; RCivC 1903, §1269; RC 1919, §890; SDC 1939, §10.0105.
SD Codified L § 53-2-6 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 02 - Parties To Contracts|Section 53-2-6 - Contract for benefit of third person--Enforcement by beneficiary, limitation of time.

53-2-6. Contract for benefit of third person--Enforcement by beneficiary, limitation of time.A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it. Source: CivC 1877, §875; CL 1887, §3499; RCivC 1903, §1193; RC 1919, §808; SDC 1939, §10.0204.
SD Codified L § 53-3-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 03 - Consent To Contracts|Section 53-3-1 - Essentials of consent.

53-3-1. Essentials of consent.Consent of the parties to a contract must be:(1)Free;(2)Mutual; and(3)Communicated by each to the other. Source: CivC 1877, §876; CL 1887, §3500; RCivC 1903, §1194; RC 1919, §809; SDC 1939, §10.0301.
SD Codified L § 53-3-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 03 - Consent To Contracts|Section 53-3-2 - Absence of free consent--Contract voidable--Rescission.

53-3-2. Absence of free consent--Contract voidable--Rescission.Consent which is not free is not void but voidable and may be rescinded in the manner prescribed by the statutes on rescission. Source: CivC 1877, §877; CL 1887, §3501; RCivC 1903, §1195; RC 1919, §810; SDC 1939, §10.0302.
SD Codified L § 53-3-3 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 03 - Consent To Contracts|Section 53-3-3 - Mutuality of consent.

53-3-3. Mutuality of consent.Consent is not mutual unless the parties all agree upon the same thing in the same sense. In certain cases prescribed in the law on interpretation of contracts they are to be deemed so to agree without regard to the fact. Source: CivC 1877, §891; CL 1887, §3515; RCivC 1903, §1209; RC 1919, §824; SDC 1939, §10.0315.
SD Codified L § 53-3-4 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 03 - Consent To Contracts|Section 53-3-4 - Ratification of voidable contract for want of consent.

53-3-4. Ratification of voidable contract for want of consent.A contract which is voidable solely for want of due consent may be ratified by a subsequent consent. Source: CivC 1877, §899; CL 1887, §3523; RCivC 1903, §1217; RC 1919, §832; SDC 1939, §10.0323.
SD Codified L § 53-3-5 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 03 - Consent To Contracts|Section 53-3-5 - Assumption of obligation by acceptance of benefits.

53-3-5. Assumption of obligation by acceptance of benefits.A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it so far as the facts are known or ought to be known to the person accepting. Source: CivC 1877, §900; CL 1887, §3524; RCivC 1903, §1218; RC 1919, §833; SDC 1939, §10.0324.
SD Codified L § 53-4-1 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-1 - Apparent consent voidable--Grounds.

53-4-1. Apparent consent voidable--Grounds.An apparent consent is not real or free and is voidable when obtained through:(1)Duress;(2)Fraud;(3)Undue influence; or(4)Mistake. Source: CivC 1877, §878; CL 1887, §3502; RCivC 1903, §1196; RC 1919, §811; SDC 1939, §10.0303.
SD Codified L § 53-4-2 (2021)
2021 South Dakota Codified Laws|Title 53 - Contracts|Chapter 04 - Duress, Fraud, Undue Influence And Mistake|Section 53-4-2 - Consent deemed voidable--Grounds.

53-4-2. Consent deemed voidable--Grounds.Consent is deemed to have been obtained through duress, fraud, undue influence, or mistake, only when it would not have been given except for one or more of them. Source: CivC 1877, §879; CL 1887, §3503; RCivC 1903, §1197; RC 1919, §812; SDC 1939, §10.0304.