reglab/housing_qa huggingface dataset:
SD Codified L § 47-31B-410 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-410 - Filing fees.

47-31B-410. Filing fees.(a) Broker-dealers. A person shall pay a fee of one hundred fifty dollars when initially filing an application for registration as a broker-dealer and a fee of one hundred fifty dollars when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the director shall retain the fee.(b) Agents. The fee for an individual is one hundred twenty five dollars when filing an application for registration as an agent, a fee of one hundred twenty five dollars when filing a renewal of registration as an agent, and a fee of one hundred twenty five dollars when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the director shall retain the fee.(c) Investment advisers. A person shall pay a fee of one hundred dollars when filing an application for registration as an investment adviser and a fee of one hundred dollars when filing a renewal of registration as an investment adviser. If the filing results in a denial or withdrawal, the director shall retain the fee.(d) Investment adviser representatives. The fee for an individual is fifty dollars when filing an application for registration as an investment adviser representative, a fee of fifty dollars when filing a renewal of registration as an investment adviser representative, and a fee of fifty dollars when filing a change of registration as an investment adviser representative. If the filing results in a denial or withdrawal, the director shall retain the fee.(e) Federal covered investment advisers. A federal covered investment adviser required to file a notice under §47-31B-405 shall pay an initial fee of two hundred dollars and an annual notice fee of two hundred dollars.(f) Payment. A person required to pay a filing or notice fee under this section may transmit the fee through or to a designee as a rule or order provides under this chapter. Source: SL 2004, ch 278, §26.
SD Codified L § 47-31B-501 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-501 - General fraud.

47-31B-501. General fraud.It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly:(1)To employ a device, scheme, or artifice to defraud;(2)To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or(3)To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. Source: SL 2004, ch 278, §29.
SD Codified L § 47-31B-502 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-502 - Prohibited conduct in providing investment advice.

47-31B-502. Prohibited conduct in providing investment advice.(a) Fraud in providing investment advice. It is unlawful for a person that advises others for compensation, either directly or indirectly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities:(1)To employ a device, scheme, or artifice to defraud another person; or(2)To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.(b) Rules defining fraud. A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative, and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative.(c) Rules specifying contents of advisory contract. A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser. Source: SL 2004, ch 278, §30.
SD Codified L § 47-31B-503 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-503 - Evidentiary burden.

47-31B-503. Evidentiary burden.(a) Civil. In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim.(b) Criminal. In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim. Source: SL 2004, ch 278, §31.
SD Codified L § 47-31B-504 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-504 - Filing of sales and advertising literature.

47-31B-504. Filing of sales and advertising literature.(a) Filing requirement. Except as otherwise provided in subsection (b), a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter.(b) Excluded communications. This section does not apply to sales and advertising literature specified in subsection (a) which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by §47-31B-201, 47-31B-202, or 47-31B-203 except as required pursuant to §47-31B-201(7). Source: SL 2004, ch 278, §32.
SD Codified L § 47-31B-505 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-505 - Misleading filings.

47-31B-505. Misleading filings.It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading. Source: SL 2004, ch 278, §33.
SD Codified L § 47-31B-506 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-506 - Misrepresentations concerning registration or exemption.

47-31B-506. Misrepresentations concerning registration or exemption.The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the director that a record filed under this chapter is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the director has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this section. Source: SL 2004, ch 278, §34.
SD Codified L § 47-31B-507 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-507 - Qualified immunity.

47-31B-507. Qualified immunity.A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the director, or designee of the director, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity. Source: SL 2004, ch 278, §35.
SD Codified L § 47-31B-508 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-508 - Criminal penalties.

47-31B-508. Criminal penalties.(a) Criminal penalties. It is a Class 4 felony for any person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except §47-31B-504 or the notice filing requirements of §47-31B-302 or 47-31B-405, or that willfully violates § 47-31B-505 knowing the statement made to be false or misleading in a material respect. An individual convicted of violating a rule or order under this chapter may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order. A subsequent violation is a Class 3 felony.(b) Criminal reference not required. The Attorney General or the proper prosecuting attorney with or without a reference from the director, may institute criminal proceedings under this chapter.(c) No limitation on other criminal enforcement. This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state. Source: SL 2004, ch 278, §36; SL 2006, ch 130, §17.
SD Codified L § 47-31B-603 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-603 - Civil enforcement.

47-31B-603. Civil enforcement.(a) Civil action instituted by director. If the director believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the director may maintain an action in the circuit court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.(b) Relief available. In an action under this section and on a proper showing, the court may:(1)Issue a permanent or temporary injunction, restraining order, or declaratory judgment;(2)Order other appropriate or ancillary relief, which may include:(A)An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the director for the defendant or the defendant's assets;(B)Ordering the director to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;(C)Imposing a civil penalty up to ten thousand dollars for each violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act; and(D)Ordering the payment of prejudgment and postjudgment interest; or(3)Order such other relief as the court considers appropriate.(c) No bond required. The director may not be required to post a bond in an action or proceeding under this chapter. Source: SL 2004, ch 278, §41.
SD Codified L § 47-31B-606 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-606 - Administrative files and opinions.

47-31B-606. Administrative files and opinions.(a) Public register of filings. The director shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter.(b) Public availability. The director shall make all rules, forms, interpretative opinions, and orders available to the public.(c) Copies of public records. The director shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the director of a record's nonexistence is prima facie evidence of a record or its nonexistence. Source: SL 2004, ch 278, §44.
SD Codified L § 47-31B-607 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-607 - Public records--Confidentiality.

47-31B-607. Public records--Confidentiality.(a) Presumption of public records. Except as otherwise provided in subsection (b), records obtained by the director or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.(b) Nonpublic records. The following records are not public records and are not available for public examination under subsection (a):(1)A record obtained by the director in connection with an audit or inspection under §47-31B-411(d) or an investigation under §47-31B-602;(2)A part of a record filed in connection with a registration statement under §§47-31B-301 and 47-31B-303 through 47-31B-305 or a record under §47-31B-411(d) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;(3)A record that is not required to be provided to the director or filed under this chapter and is provided to the director only on the condition that the record will not be subject to public examination or disclosure;(4)A nonpublic record received from a person specified in §47-31B-608(a); and(5)Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed; and(6)A record obtained by the director through a designee of the director or that a rule or order under this chapter determines has been:(A)Expunged from the director's records by the designee; or(B)Determined to be nonpublic or nondisclosable by that designee if the director finds the determination to be in the public interest and for the protection of investors.(c) Director discretion to disclose. If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in §47-31B-608(a), the director may disclose a record obtained in connection with an audit or inspection under §47-31B-411(d) or a record obtained in connection with an investigation under §47-31B-602. Source: SL 2004, ch 278, §45.
SD Codified L § 47-31B-608 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-608 - Uniformity and cooperation with other agencies.

47-31B-608. Uniformity and cooperation with other agencies.(a) Objective of uniformity. The director shall, in its discretion, cooperate, coordinate, consult, and, subject to §47-31B-607, share records and information with the securities regulator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities regulators, a federal or state banking and insurance regulator, and a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments.(b) Policies to consider. In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under this chapter, the director shall, in its discretion, take into consideration in carrying out the public interest the following general policies:(1)Maximizing effectiveness of regulation for the protection of investors;(2)Maximizing uniformity in federal and state regulatory standards; and(3)Minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection.(c) Subjects for cooperation. The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:(1)Establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter;(2)Developing and maintaining uniform forms;(3)Conducting a joint examination or investigation;(4)Holding a joint administrative hearing;(5)Instituting and prosecuting a joint civil or administrative proceeding;(6)Sharing and exchanging personnel;(7)Coordinating registrations under §§47-31B-301 and 47-31B-401 through 47-31B-404 and exemptions under §47-31B-203;(8)Sharing and exchanging records, subject to §47-31B-607;(9)Formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases;(10)Formulating common systems and procedures;(11)Notifying the public of proposed rules, forms, statements of policy, and guidelines;(12)Attending conferences and other meetings among securities regulators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and(13)Developing and maintaining a uniform exemption from registration for small issuers, and taking other steps to reduce the burden of raising investment capital by small businesses. Source: SL 2004, ch 278, §46.
SD Codified L § 47-31B-609 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-609 - Judicial review.

47-31B-609. Judicial review.(a) Judicial review of orders. A final order issued by the director under this chapter is subject to judicial review in accordance with chapter 1-26.(b) Judicial review of rules. A rule adopted under this chapter is subject to judicial review in accordance with chapter 1-26. Source: SL 2004, ch 278, §47.
SD Codified L § 47-31B-611 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-611 - Service of process.

47-31B-611. Service of process.(a) Signed consent to service of process. A consent to service of process complying with this section required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the director the person's agent for service of process in a noncriminal action or proceeding against the person, or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.(b) Conduct constituting appointment of agent for service. If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a), the act, practice, or course of business constitutes the appointment of the director as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.(c) Procedure for service of process. Service under subsection (a) or (b) may be made by providing a copy of the process to the office of the director, but it is not effective unless:(1)The plaintiff, which may be the director, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address, or takes other reasonable steps to give notice; and(2)The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the director in a proceeding before the director, allows.(d) Service in administrative proceedings or civil actions by director. Service pursuant to subsection (c) may be used in a proceeding before the director or by the director in a civil action in which the director is the moving party.(e) Opportunity to defend. If process is served under subsection (c), the court, or the director in a proceeding before the director, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend. Source: SL 2004, ch 278, §49.
SD Codified L § 47-31B-612 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 31B - Uniform Securities Act Of 2002|Section 47-31B-612 - Severability clause.

47-31B-612. Severability clause.If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: SL 2004, ch 278, §50.