reglab/housing_qa huggingface dataset:
SD Codified L § 54-6A-8 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-8 - Written receipts for cash or money order.

54-6A-8. Written receipts for cash or money order.A lessor shall provide the consumer a written receipt for each payment made by cash or money order. Source: SL 1991, ch 393, §8.
SD Codified L § 54-6A-9 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-9 - Renegotiation for new agreement--Extensions.

54-6A-9. Renegotiation for new agreement--Extensions.A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. However, the following events may not be treated as renegotiations:(1)The addition or return of property in a multiple-item agreement or in the substitution of the lease property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent;(2)A deferral or extension of one or more periodic payments, or portions of a periodic payment;(3)A reduction in charges in the lease or agreement; and(4)A lease or agreement involved in a court proceeding.No disclosures are required for any extension of a lease-purchase agreement. Source: SL 1991, ch 393, §9.
SD Codified L § 54-6A-10 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-10 - Advertisement of lease-purchase agreement.

54-6A-10. Advertisement of lease-purchase agreement.If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership of any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable:(1)That the transaction advertised is a lease-purchase agreement;(2)The total of payments necessary to acquire ownership; and(3)That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated is not liable under this section.The provisions of this section do not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business. Source: SL 1991, ch 393, §10.
SD Codified L § 54-8-1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-1 - Transfer with intent to delay or defraud creditors void.

54-8-1. Transfer with intent to delay or defraud creditors void.Every transfer of property or charge made thereon, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands is void against all creditors of the debtor and their successors in interest and against any persons upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor. Source: CivC 1877, §2023; CL 1887, §4656; RCivC 1903, §2368; RC 1919, §2041; SDC 1939, §23.0105.
SD Codified L § 54-8-2 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-2 - Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.

54-8-2. Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.Every transfer of personal property other than a thing in action, which is not evidenced by a bill of sale filed in the office of the register of deeds of the county wherein such property is situated or of the county to which such county is attached for judicial purposes, and every lien thereon, other than a mortgage, when allowed by law is conclusively presumed, if made by a person having at the time the possession or control of the property and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the thing transferred, to be fraudulent and therefore void against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and against any person on whom his estate devolves in trust for the benefit of others than himself and against purchasers and encumbrancers in good faith subsequent to the transfer. Source: CivC 1877, §2024; CL 1887, §4657; RCivC 1903, §2369; RC 1919, §2042; SDC 1939, §23.0106.
SD Codified L § 54-8-3 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-3 - Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.

54-8-3. Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.A creditor can avoid the act or obligation of his debtor for fraud, only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation. Source: CivC 1877, §2025; CL 1887, §4658; RCivC 1903, §2370; RC 1919, §2043; SDC 1939, §23.0107.
SD Codified L § 54-8-4 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-4 - Fraudulent intent--Question of fact--Inadequacy of consideration.

54-8-4. Fraudulent intent--Question of fact--Inadequacy of consideration.In all cases under the provisions of this chapter, except as otherwise provided in §54-8-2, and except as provided in §§43-25-32 to 43-25-36, inclusive, the question of fraudulent intent is one of fact and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration. Source: CivC 1877, §2026; CL 1887, §4659; RCivC 1903, §2371; RC 1919, §2044; SDC 1939, §23.0108.
SD Codified L § 54-8-20 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-20 - Removal, secretion, encumbrancing or disposition of property to defraud creditors--Misdemeanor.

54-8-20. Removal, secretion, encumbrancing or disposition of property to defraud creditors--Misdemeanor.Every person who removes any of his property out of any county, with intent to prevent the same from being levied upon by any execution or attachment, or who secretes, encumbers, transfers, or otherwise disposes of any of his property, with intent to delay or defraud any creditor, and every person who receives any such property with such intent, is guilty of a Class 1 misdemeanor. Source: PenC 1877, §636; CL 1887, §6838; RPenC 1903, §667; RC 1919, §4278; SDC 1939, §13.4302; SL 1980, ch 24, §105.
SD Codified L § 54-8-21 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-21 - Assignment or transfer of property to preferred creditors as felony--Exception.

54-8-21. Assignment or transfer of property to preferred creditors as felony--Exception.Every person who, knowing that his property is insufficient for the payment of all his lawful debts, assigns, transfers, or delivers any property for the benefit of any creditor, or creditors, upon any trust or condition that any creditor shall receive a preference or priority over any other, except in the cases in which such preference is expressly allowed to be given by law, or with intent to create such preference or priority, is guilty of a Class 6 felony. Source: PenC 1877, §637; CL 1887, §6839; RPenC 1903, §668; RC 1919, §4279; SDC 1939, §13.4303; SL 1980, ch 24, §106; SL 1986, ch 406.
SD Codified L § 54-8-22 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-22 - Party to transfer or assignment of property to defraud creditors guilty of felony.

54-8-22. Party to transfer or assignment of property to defraud creditors guilty of felony.Every person who, being a party to any conveyance or assignment of any property, or of any interest therein, made or created with intent to defraud prior or subsequent purchasers, or to delay or defraud creditors or other persons, and every person being privy to or knowing of such conveyance, assignment, or charge, who intentionally puts the same in use as having been made in good faith, is guilty of a Class 6 felony. Source: PenC 1877, §635; CL 1887, §6837; RPenC 1903, §666; RC 1919, §4277; SDC 1939, §13.4301; SL 1980, ch 24, §107; SL 1986, ch 407.
SD Codified L § 54-8-23 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08 - Acts In Fraud Of Creditors|Section 54-8-23 - Fraud in bankruptcy proceedings--Misdemeanor.

54-8-23. Fraud in bankruptcy proceedings--Misdemeanor.Every person who, upon making or prosecuting any application for a discharge as an insolvent debtor, under the provisions of any law now in force, or that may hereafter be enacted:(1)Fraudulently presents or authorizes to be presented on his behalf such application, in a case in which it is not authorized by law;(2)Makes or presents to any court or officer, in support of such application, any petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain any false statement;(3)Fraudulently makes and exhibits, or alters, obliterates, or destroys any account or voucher relating to the condition of his affairs, or any entry or statement in such account or voucher;(4)Practices any fraud upon any creditor, with intent to induce him to petition for or consent to such discharge; or(5)Conspires with or induces any person fraudulently to unite as creditor in any petition for such discharge, or to practice any fraud in aid thereof;is guilty of a Class 1 misdemeanor. Source: PenC 1877, §638; CL 1887, §6840; RPenC 1903, §669; RC 1919, §4280; SDC 1939, §13.4304; SL 1980, ch 24, §108.
SD Codified L § 54-8A-2 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-2 - Insolvency.

54-8A-2. Insolvency.(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.(b) A debtor who is generally not paying his debts as they become due is presumed to be insolvent.(c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.(d) Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. Source: SL 1987, ch 365, §2.
SD Codified L § 54-8A-3 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-3 - Value.

54-8A-3. Value.(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.(b) For the purposes of subsection 54-8A-4(a)(2) and §54-8A-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. Source: SL 1987, ch 365, §3.
SD Codified L § 54-8A-4 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-4 - Transfers fraudulent as to present and future creditors.

54-8A-4. Transfers fraudulent as to present and future creditors.(a) Any transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:(1)With actual intent to hinder, delay, or defraud any creditor of the debtor; or(2)Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:(i)Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or(ii)Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.(b) In determining actual intent under subsection (a)(1) of this section, consideration may be given, among other factors, to whether:(1)The transfer or obligation was to an insider;(2)The debtor retained possession or control of the property transferred after the transfer;(3)The transfer or obligation was disclosed or concealed;(4)Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;(5)The transfer was of substantially all the debtor's assets;(6)The debtor absconded;(7)The debtor removed or concealed assets;(8)The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;(9)The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;(10)The transfer occurred shortly before or shortly after a substantial debt was incurred; and(11)The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. Source: SL 1987, ch 365, §4.
SD Codified L § 54-8A-5 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-5 - Transfers fraudulent as to present creditors.

54-8A-5. Transfers fraudulent as to present creditors.(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. Source: SL 1987, ch 365, §5.
SD Codified L § 54-8A-6 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-6 - When transfer is made or obligation is incurred.

54-8A-6. When transfer is made or obligation is incurred.For the purposes of this chapter:(1)A transfer is made:(i)With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and(ii)With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;(2)If applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;(3)If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee;(4)A transfer is not made until the debtor has acquired rights in the asset transferred;(5)An obligation is incurred:(i)If oral, when it becomes effective between the parties; or(ii)If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee. Source: SL 1987, ch 365, §6.
SD Codified L § 54-8A-7 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-7 - Remedies of creditors.

54-8A-7. Remedies of creditors.(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in §54-8A-8, may obtain:(1)Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;(2)An attachment or other provisional remedy against the asset transferred or other property of the transferee;(3)Subject to applicable principles of equity and in accordance with applicable rules of civil procedure,(i)An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;(ii)Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or(iii)Any other relief the circumstances may require.(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. Source: SL 1987, ch 365, §7.
SD Codified L § 54-8A-8 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-8 - Defenses, liability and protection of transferee.

54-8A-8. Defenses, liability and protection of transferee.(a) A transfer or obligation is not voidable under subsection 54-8A-4(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subsection 54-8A-7(a)(1) the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:(1)The first transferee of the asset or the person for whose benefit the transfer was made; or(2)Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.(c) If the judgment under subsection (b) of this section is based upon the value of the asset transferred, the judgment shall be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:(1)A lien on or a right to retain any interest in the asset transferred;(2)Enforcement of any obligation incurred; or(3)A reduction in the amount of the liability on the judgment.(e) A transfer is not voidable under subsection 54-8A-4(a)(2) or §54-8A-5 if the transfer results from:(1)Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or(2)Enforcement of a security interest in compliance with chapter 57A-9.(f) A transfer is not voidable under subdivision 54-8A-5(b):(1)To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;(2)If made in the ordinary course of business or financial affairs of the debtor and the insider; or(3)If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor. Source: SL 1987, ch 365, §8.
SD Codified L § 54-8A-9 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-9 - Extinguishment of cause of action.

54-8A-9. Extinguishment of cause of action.A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:(a) Under subsection 54-8A-4(a)(1) within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;(b) Under subsection 54-8A-4(a)(2) or subdivision 54-8A-5(a) within four years after the transfer was made or the obligation was incurred; or(c) Under subdivision 54-8A-5(b) within one year after the transfer was made or the obligation was incurred. Source: SL 1987, ch 365, §9.
SD Codified L § 54-8A-10 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-10 - Supplementary provisions.

54-8A-10. Supplementary provisions.Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. Source: SL 1987, ch 365, §10.
SD Codified L § 54-8A-11 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-11 - Uniform application and construction.

54-8A-11. Uniform application and construction.This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. Source: SL 1987, ch 365, §11.
SD Codified L § 54-8A-12 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 08A - Uniform Fraudulent Transfer Act|Section 54-8A-12 - Short title.

54-8A-12. Short title.This chapter may be cited as the Uniform Fraudulent Transfer Act. Source: SL 1987, ch 365, §12.
SD Codified L § 54-9-1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 09 - Assignment For Benefit Of Creditors|Section 54-9-1 - Execution of assignment by insolvent debtor.

54-9-1. Execution of assignment by insolvent debtor.An insolvent debtor, as defined by the statutes of fraudulent conveyance, may, in good faith, execute an assignment of property to one or more assignees, in trust towards the satisfaction of his creditors, in conformity to the provisions of this chapter, subject, however, to the provisions of the statutes relative to trusts and to fraudulent transfers, and to the restrictions imposed by law upon assignments by special partnerships, by corporations or by other specified classes of persons. Source: CivC 1877, §2027; CL 1887, §4660; RCivC 1903, §2372; RC 1919, §2045; SDC 1939 & Supp 1960, §37.5101.