reglab/housing_qa huggingface dataset:
SD Codified L § 37-25A-17 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-17 - Required contract provisions.

37-25A-17. Required contract provisions.Any contract or agreement shall set forth in at least ten-point type or equivalent size, if handwritten, the following:(1)The terms and condition of any payments due to the seller;(2)The seller's principal business address and the name and address of the seller's agent in this state authorized to receive service of process;(3)The business form of the seller, whether corporate, partnership, or otherwise;(4)The delivery date or, if the contract provides for a periodic delivery of items to the purchaser, the approximate delivery date of the product, equipment, or supplies the seller is to deliver to the purchaser to enable the purchaser to start his business; and(5)Whether the product, equipment, or supplies are to be delivered to the purchaser's home or business address or are to be placed or caused to be placed by the seller at locations owned or managed by persons other than the purchaser. Source: SL 1985, ch 305, §17.
SD Codified L § 37-25A-18 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-18 - Denial, revocation, or suspension of registration--Grounds.

37-25A-18. Denial, revocation, or suspension of registration--Grounds.The director of the Division of Insurance may issue an order denying, suspending or revoking the effectiveness of any registration if the director finds that the order is in the public interest and that:(1)The registration as of its effective date or as of any earlier date in the case of an order denying effectiveness, or any amendment as of its effective date, or any report is incomplete in any material respect or contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact;(2)Any provision of this chapter or any rule, order or condition lawfully imposed under this chapter has been willfully violated, in connection with the business opportunity by the person filing the registration; or by the seller, any partner, officer or director of the seller, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the seller, but only if the person filing the registration is directly or indirectly controlled by or acting for the seller;(3)The business opportunity registered or sought to be registered is the subject of an administrative order denying, suspending or revoking a registration or a permanent or temporary injunction of any court of competent jurisdiction; but the director:(a)May not institute a proceeding against an effective registration under this subdivision more than one year from the date of the order or injunction relied on; and(b)May not enter an order under this subdivision on the basis of an order or injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute a ground for an order under this section;(4)The seller's enterprise or method of business, or that of the business opportunity, includes or would include activities which are illegal where performed;(5)The business opportunity or the offering of a business opportunity has worked a fraud upon purchasers or would so operate;(6)There has been a failure to file any documents or information required by §37-25A-8;(7)The seller has failed to pay the proper registration fee but the director may enter only a denial order under this subdivision and the director shall vacate any such order if the deficiency is corrected;(8)The seller's literature or advertising is misleading, incorrect, incomplete or deceptive. Source: SL 1985, ch 305, §18; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-19 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-19 - Limitation of revocation, suspension, or denial proceeding.

37-25A-19. Limitation of revocation, suspension, or denial proceeding.The director of the Division of Insurance may not institute a proceeding under §37-25A-18 against an effective registration on the basis of a fact or transaction known to the director when the registration became effective unless the proceeding is instituted within the next thirty days. Source: SL 1985, ch 305, §19; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-20 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-20 - Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification.

37-25A-20. Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification.The director of the Division of Insurance may by order summarily postpone or suspend the effectiveness of the registration pending final determination of any proceeding under this chapter. Upon the entry of the order, the director shall promptly notify the seller that the order has been entered and of the reasons therefor and that within fifteen days after the receipt of a written request the matter shall be set for hearing. If no hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of an opportunity for hearing to the seller, may modify, vacate, or extend the order until final determination. Source: SL 1985, ch 305, §20; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-21 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-21 - Prerequisites to entry of stop order.

37-25A-21. Prerequisites to entry of stop order.No stop order may be entered under any part of this chapter, except under §37-25A-20, without appropriate prior notice to the seller, opportunity for hearing, and written findings of fact and conclusions of law. Source: SL 1985, ch 305, §21.
SD Codified L § 37-25A-22 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-22 - Vacation or modification of orders--Grounds.

37-25A-22. Vacation or modification of orders--Grounds.The director of the Division of Insurance may vacate or modify an order issued under this chapter if the director finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so. Source: SL 1985, ch 305, §22; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-23 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-23 - Net worth or bond requirements for use of income, refund, or repurchase representations.

37-25A-23. Net worth or bond requirements for use of income, refund, or repurchase representations.In connection with the offer or sale of a business opportunity, no seller may make or use any of the representations set forth in subsections 37-25A-1(2)(d) and (2)(e) unless the seller has at all times a minimum net worth of twenty-five thousand dollars as determined in accordance with generally accepted accounting principles. In lieu of the minimum net worth requirement, the director of the Division of Insurance may by rule or order require a business opportunity seller to obtain a surety bond issued by a surety company authorized to do business in this state. The surety bond shall be in an amount not less than twenty-five thousand dollars and shall be in favor of this state for the benefit of any purchaser. The director may by rule or order increase the amount of the bond for the protection of purchasers and may require the seller to file reports of all sales in this state to determine the appropriate amount of bond. Source: SL 1985, ch 305, §23; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-24 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-24 - Period bond required--Notice required prior to lapse.

37-25A-24. Period bond required--Notice required prior to lapse.If the seller is required to obtain a surety bond, the seller shall maintain a surety bond for the duration of the guarantee or representation giving rise to the surety bond requirement. Upon expiration of the period of the guarantee, the seller may allow the surety bond to lapse if the seller gives notice to the director and all business opportunity purchasers in this state at least thirty days prior to the lapse of the bond. Source: SL 1985, ch 305, §24.
SD Codified L § 37-25A-25 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-25 - Use or disclosure of information by director restricted.

37-25A-25. Use or disclosure of information by director restricted.The director of the Division of Insurance may not use for personal benefit any information which is filed with or obtained by the director and which is not made public. The director may not disclose any information except if necessary or appropriate in a proceeding or investigation under this chapter. Source: SL 1985, ch 305, §25; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-26 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-26 - Investigatory powers of director--Publication of information concerning violations.

37-25A-26. Investigatory powers of director--Publication of information concerning violations.The director of the Division of Insurance may:(1)Make public or private investigations within or outside of this state to determine if any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;(2)Require or permit any person to file a statement, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated; and(3)Publish information concerning any violation of this chapter or any rule or order hereunder. Source: SL 1985, ch 305, §26; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-27 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-27 - Administration of oaths--Subpoena power--Taking evidence.

37-25A-27. Administration of oaths--Subpoena power--Taking evidence.For the purpose of any investigation or proceeding under this chapter, the director of the Division of Insurance or any officer designated by the director may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director considers relevant or material to the inquiry. Source: SL 1985, ch 305, §27; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-28 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-28 - Enforcement of subpoena.

37-25A-28. Enforcement of subpoena.If any person refuses to obey a subpoena issued pursuant to §37-25A-27, the circuit court upon application by the director of the Division of Insurance, may issue an order requiring such person to comply with the subpoena. Source: SL 1985, ch 305, §28; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-29 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-29 - Privilege against self-incrimination not excusing witness--Prosecution of witness restricted.

37-25A-29. Privilege against self-incrimination not excusing witness--Prosecution of witness restricted.No person may be excused from attending and testifying or from producing any document or record in any proceeding before the director of the Division of Insurance or any officer designated by the director on the grounds that the testimony or evidence, documentary or otherwise, required by the director may incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter, or thing for which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence. However, the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying. Source: SL 1985, ch 305, §29; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-30 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-30 - Cease and desist orders--Injunction actions--Reference of evidence for prosecution.

37-25A-30. Cease and desist orders--Injunction actions--Reference of evidence for prosecution.If it appears to the director of the Division of Insurance that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter, the director may:(1)Issue an order directing the person to cease and desist from continuing the act or practice. Any person named in a cease and desist order issued by the director may, within fifteen days after the receipt of the order, file a written request for a hearing with the director. If the director does not receive a written request for a hearing within the time specified, the cease and desist order shall be permanent and the person named in the order has waived all rights to a hearing;(2)Bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets or the court may order rescission, which may include restitution plus the legal interest rate, for any sales of business opportunities determined to be unlawful under this chapter. The court may not require the director to post a bond;(3)The director may refer the evidence concerning violations of this chapter to the attorney general or to the state's attorney in the county where the violation occurred, who may institute proceedings under this section. Source: SL 1985, ch 305, §30; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-31 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-31 - Appeal of director's order.

37-25A-31. Appeal of director's order.Any person aggrieved by a final order of the director of the Division of Insurance may obtain a review of the order in the circuit court pursuant to the provisions of chapter 1-26. Source: SL 1985, ch 305, §31; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-32 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-32 - Promulgation of rules and forms.

37-25A-32. Promulgation of rules and forms.The director of the Division of Insurance may promulgate rules pursuant to chapter 1-26 to carry out the provisions of this chapter including rules and forms governing disclosure documents, applications and reports, and defining any terms. For the purpose of rules and forms, the director may classify business opportunities, persons and matters within the director's jurisdiction, and prescribe different requirements for different classes. Source: SL 1985, ch 305, §32; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-33 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-33 - Findings required for adoption or change of rules--Cooperation with other jurisdictions.

37-25A-33. Findings required for adoption or change of rules--Cooperation with other jurisdictions.No rule, form, or order may be made, amended, or rescinded unless the director of the Division of Insurance finds that the action is necessary or appropriate in the public interest or for the protection of the purchaser. In prescribing rules and forms the director may cooperate with other jurisdictions in order to effectuate the policy of this chapter to achieve maximum uniformity in the form and content of disclosure statements, applications, and reports. Source: SL 1985, ch 305, §33; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-34 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-34 - Liability not imposed on acts conforming to rule, form or order.

37-25A-34. Liability not imposed on acts conforming to rule, form or order.No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, or order of the director of the Division of Insurance, notwithstanding that the rule, form, or order may later be amended or rescinded or may be determined by judicial or other authority to be invalid for any reason. Source: SL 1985, ch 305, §34; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-35 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-35 - Receipt by director as filing--Records maintained--Public inspection.

37-25A-35. Receipt by director as filing--Records maintained--Public inspection.A document is filed when it is received by the director of the Division of Insurance. The director shall keep a register of all applications for registration and disclosure documents which are or have been effective under this chapter and all orders which have been entered under this chapter. The register shall be available for public inspection. Unless otherwise provided by law, any registration statement, filing, application, or report filed with the director shall be available for public inspection. Source: SL 1985, ch 305, §35; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-36 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-36 - Interpretive opinions by director--Fee.

37-25A-36. Interpretive opinions by director--Fee.The director of the Division of Insurance may honor written requests from interested persons for interpretative opinions upon the payment of twenty-five dollars. Source: SL 1985, ch 305, §36; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-37 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-37 - Sales and offers subject to chapter.

37-25A-37. Sales and offers subject to chapter.The provisions of this chapter concerning sales and offers to sell apply to persons who sell or offer to sell if:(1)An offer to sell is made in this state;(2)An offer to purchase is made and accepted in this state; or(3)The purchaser is domiciled in this state and the business opportunity is operated in this state. Source: SL 1985, ch 305, §37.
SD Codified L § 37-25A-38 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-38 - Offers to sell made in this state.

37-25A-38. Offers to sell made in this state.For the purpose of this chapter, an offer to sell is made in this state, whether either party is then present in this state, if:(1)The offer originates from this state; or(2)The offer is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer. Source: SL 1985, ch 305, §38.
SD Codified L § 37-25A-39 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-39 - Offers to sell accepted in this state.

37-25A-39. Offers to sell accepted in this state.For the purpose of this chapter, an offer to sell is accepted in this state if acceptance:(1)Is communicated to the offeror in this state; and(2)Has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether either party is then present in this state if the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance. Source: SL 1985, ch 305, §39.
SD Codified L § 37-25A-40 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-40 - Offers to sell not made in this state.

37-25A-40. Offers to sell not made in this state.An offer to sell is not made in this state if:(1)The publisher circulates in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past twelve months; or(2)A radio or television program originating outside this state is received in this state. Source: SL 1985, ch 305, §40.
SD Codified L § 37-25A-41 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-41 - Conduct constituting appointment of director as attorney for service of process.

37-25A-41. Conduct constituting appointment of director as attorney for service of process.If any person engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder, and the person has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct is equivalent to the person's appointment of the director of the Division of Insurance or the director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor or personal representative which grows out of that conduct and which is brought under this chapter or any rule or order hereunder with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process in the office of the director and it is not effective unless:(1)The plaintiff in a suit, action, or proceeding instituted by the director, sends notice of the service and a copy of the process forthwith by registered mail to the defendant's or respondent's last known address or takes other steps which are reasonably calculated to give actual notice; and(2)The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. Source: SL 1985, ch 305, §41; SL 1995, ch 167, §188; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.
SD Codified L § 37-25A-42 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 25A - Business Opportunities|Section 37-25A-42 - Continuances where process served under chapter.

37-25A-42. Continuances where process served under chapter.If process is served under this chapter, the court, or the director of the Division of Insurance in a proceeding before the director, shall order such continuance as necessary to afford the defendant or respondent reasonable opportunity to defend himself. Source: SL 1985, ch 305, §42; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.