reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-6 - Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.

53-9-6. Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.
Every provision in a contract restricting a party from enforcing his rights under it by usual legal proceedings in ordinary tribunals, or limiting his time to do so, is void. However, agreements to submit controversies to arbitration, as authorized by the Uniform Arbitration Act, are valid and enforceable, and any provision in a surety contract which limits the time for enforcement is valid and enforceable if the limitation of time is not less than two years after the cause of action has accrued.
Source:
CivC 1877, §958; CL 1887, §3582; RCivC 1903, §1276; RC 1919, §897; SDC 1939, §10.0705; SL 1971, ch 157, §27; SL 1988, ch 382, §1.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-6.1 - Validation of contract limiting time for enforcement of rights under surety contracts.

53-9-6.1. Validation of contract limiting time for enforcement of rights under surety contracts.
Any contract provision which limits a party's time for enforcing his rights under a surety contract entered into prior to July 1, 1988, is hereby cured, legalized and validated as fully as if such contract provision had been entered into pursuant to §53-9-6.
Source:
SL 1988, ch 382, §2.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-7 - Contract in restraint of marriage void.

53-9-7. Contract in restraint of marriage void.
Every contract in restraint of marriage of any person other than a minor is void.
Source:
CivC 1877, §962; CL 1887, §3586; RCivC 1903, §1280; RC 1919, §901; SDC 1939, §10.0707.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-8 - Contracts in restraint of trade void--Exceptions.

53-9-8. Contracts in restraint of trade void--Exceptions.
Any contract restraining exercise of a lawful profession, trade, or business is void to that extent, except as provided by §§53-9-9 to 53-9-12, inclusive.
Source:
CivC 1877, §959; CL 1887, §3583; RCivC 1903, §1277; RC 1919, §898; SDC 1939, §10.0706; SL 2005, ch 254, §1.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-9 - Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity.

53-9-9. Sale of good will--Seller's agreement with buyer to refrain from carrying on similar business, validity.
Any person who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or other specified area, as long as the buyer or person deriving title to the good will from the seller carries on a like business within the specified geographical area.
Source:
SDC 1939, §10.0706 (1); SL 1992, ch 60, §2; SL 1997, ch 274, §1.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-10 - Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity.

53-9-10. Dissolution of partnership--Agreement of partners to refrain from carrying on similar business, validity.
Partners may, upon or in anticipation of a dissolution of the partnership, agree that none of them will carry on a similar business within the same municipality where the partnership business has been transacted or within a specified part thereof.
Source:
CivC 1877, §961; CL 1887, §3585; RCivC 1903, §1279; RC 1919, §900; SL 1929, ch 88; SDC 1939, §10.0706 (2).
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-11 - Employment contract--Competition limitation upon termination.

53-9-11. Employment contract--Competition limitation upon termination.
Except as otherwise provided in §53-9-11.2, an employee may agree with an employer at the time of employment or at any time during employment not to engage directly or indirectly in the same business or profession as that of the employer for any period not exceeding two years from the date of termination of the agreement and not to solicit existing customers of the employer within a specified county, first- or second-class municipality, or other specified area for any period not exceeding two years from the date of termination of the agreement, if the employer continues to carry on a like business therein.
Source: SL 1929, ch 88; SDC 1939, §10.0706 (3); SL 1984, ch 318; SL 2021, ch 205, §1; SL 2023, ch 160, §1.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-11.1 - Employment contract--Competition limitation upon termination--Practitioner defined.

53-9-11.1. Employment contract--Competition limitation upon termination--Practitioner defined.
For purposes of §53-9-11.2, a practitioner means:
(1)A physician licensed in accordance with chapter 36-4;
(2)A physician assistant licensed in accordance with chapter 36-4A;
(3)A paramedic or emergency medical technician licensed in accordance with chapter 36-4B;
(4)A respiratory care practitioner licensed in accordance with chapter 36-4C;
(5)A chiropractor licensed in accordance with chapter 36-5;
(6)A dentist licensed in accordance with chapter 36-6A;
(7)An optometrist licensed in accordance with chapter 36-7;
(8)A podiatrist licensed in accordance with chapter 36-8;
(9)A registered nurse authorized to practice in accordance with §36-9-3;
(10)A certified registered nurse anesthetist authorized to practice in accordance with §36-9-3.1;
(11)A licensed practical nurse authorized to practice in accordance with §36-9-4;
(12)A certified nurse practitioner or certified nurse midwife licensed in accordance with chapter 36-9A;
(13)A certified professional midwife licensed under 36-9C;
(14)A physical therapist licensed in accordance with chapter 36-10;
(15)A nutritionist or dietician licensed in accordance with chapter 36-10B;
(16)A pharmacist licensed in accordance with chapter 36-11;
(17)An audiologist or hearing aid dispenser licensed in accordance with chapter 36-24;
(18)A social worker licensed in accordance with chapter 36-26;
(19)A psychologist licensed in accordance with chapter 36-27A;
(20)An athletic trainer licensed in accordance with chapter 36-29;
(21)An occupational therapist licensed in accordance with chapter 36-31;
(22)A professional counselor or a professional counselor-mental health licensed in accordance with chapter 36-32;
(23)A marriage and family therapist licensed in accordance with chapter 36-33;
(24)An addiction and prevention professional licensed or certified in accordance with chapter 36-34;
(25)A massage therapist licensed in accordance with chapter 36-35;
(26)A genetic counselor licensed in accordance with chapter 36-36;
(27)A speech language pathologist licensed in accordance with chapter 36-37; and
(28)A behavior analyst licensed in accordance with chapter 36-38.
Source: SL 2021, ch 205, §2; SL 2023, ch 160, §2.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-11.2 - Employment contract--Practitioner competition limitation upon termination--Voidability--Applicability.

53-9-11.2. Employment contract--Practitioner competition limitation upon termination--Voidability--Applicability.
Notwithstanding §53-9-11, a provision of a contract, entered into on or after July 1, 2023, is voidable if it restricts a practitioner, as defined in §53-9-11.1, from practicing or otherwise providing professional services in accordance with the applicable scope of practice, after the conclusion of the practitioner's employment or after the dissolution of a partnership or other form of professional relationship.
This section does not apply to any contractual provision that:
(1)Is effective upon the sale of a practice or interest in a practice; or
(2)Restricts a practitioner from soliciting current patients or clients of the former employer, partnership, or other professional relationship, provided the solicitation complies with the geographic and temporal limitations as referenced in §53-9-11.
The term, soliciting, as used in this section, means a targeted affirmative act, directed toward any patient or client of the practitioner's former employer, partnership, or other professional relationship, for the purpose of convincing the patient or client to transfer the patient or client's care or business to the practitioner or to the practitioner's new employer, partner, or professional relationship.
Source: SL 2023, ch 160, §3.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-12 - Contracts of independent contractor who is captive insurance agent--Covenants not to compete.

53-9-12. Contracts of independent contractor who is captive insurance agent--Covenants not to compete.
Any independent contractor who is an insurance producer as defined in subdivision 58-1-2(16) and is a captive agent who is not an independent agent and who works exclusively for a single insurance company or an affiliated group of insurance companies, even if the single insurance company allows its captive agents to market the products of another insurance company pursuant to contract, may agree with an insurer at the time of contracting or at any time during the term of the contract:
(1)Not to engage directly or indirectly in the same business or profession as that of the insurer for any period not exceeding two years from the date of termination of the independent contractor's agreement with the insurer; and
(2)Not to solicit existing customers of the insurer within a specified county, first or second class municipality, or other specified area for any period not exceeding two years from the date of termination of the agreement, if the insurer continues to carry on a like business within the specified area.
Source:
SL 2005, ch 254, §2.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 09 - Unlawful Contracts › Section 53-9-13 - Coerce or compel an abortion--Contract void.

53-9-13. Coerce or compel an abortion--Contract void.
A provision in a contract is void and unenforceable if it in any way:
(1)Coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;
(2)Results in a breach of any term of the contract if a pregnant woman refuses to undergo an abortion; or
(3)Results in the pregnant woman assuming any cost, obligation, or responsibility for refusing to undergo an abortion.
Source:
SL 2021, ch 206, § 1.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 10 - Performance Of Contracts › Section 53-10-2 - Time of performance of contract not specified--Allowance of reasonable time--Instant action.

53-10-2. Time of performance of contract not specified--Allowance of reasonable time--Instant action.
If no time is specified for the performance of an act, a reasonable time is allowed. If the act is capable of being done instantly, such as payment of money, it must be performed immediately when due and ascertained.
Source:
CivC 1877, §948; CL 1887, §3572; RCivC 1903, §1266; RC 1919, §887; SDC 1939, §10.0107.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 10 - Performance Of Contracts › Section 53-10-3 - Time as essence of the contract.

53-10-3. Time as essence of the contract.
Time is never considered as of the essence of the contract, unless by its terms expressly so provided.
Source:
CivC 1877, §949; CL 1887, §3573; RCivC 1903, §1267; RC 1919, §888; SDC 1939, §10.0107.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-1 - Extinguishment of contracts--Methods.

53-11-1. Extinguishment of contracts--Methods.
A contract may be extinguished in like manner as any other obligation and also by rescission, alteration, and cancellation, as provided by statute.
Source:
CivC 1877, §§963, 964; CL 1887, §§3587, 3588; RCivC 1903, §§1281, 1282; RC 1919, §§902, 903; SDC 1939, §10.0801.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-2 - Rescission by party to contract--Grounds.

53-11-2. Rescission by party to contract--Grounds.
A party to a contract may rescind the same in the following cases only:
(1)If consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party;
(2)If through fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part;
(3)If the consideration becomes entirely void from any cause;
(4)If such consideration before it is rendered to him fails in a material respect from any cause; or
(5)By consent of all the other parties.
Source:
CivC 1877, §965; CL 1887, §3589; RCivC 1903, §1283; RC 1919, §904; SDC 1939, §10.0802.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-3 - Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission.

53-11-3. Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission.
Rescission, when not effected by consent can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with §§53-11-4 and 53-11-5.
Source:
CivC 1877, §967; CL 1887, §3591; RCivC 1903, §1285; RC 1919, §906; SDC 1939, §10.0804.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-4 - Prompt action by party rescinding on discovery of duress, undue influence, or disability.

53-11-4. Prompt action by party rescinding on discovery of duress, undue influence, or disability.
The party rescinding a contract must rescind promptly, upon discovering the facts which entitle him to rescind, if he is free from duress, undue influence, or disability, and is aware of his right to rescind.
Source:
CivC 1877, §967, subdiv 1; CL 1887, §3591, subdiv 1; RCivC 1903, §1285, subdiv 1; RC 1919, §906 (1); SDC 1939, §10.0804 (1).
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-5 - Restoration of everything of value by party rescinding.

53-11-5. Restoration of everything of value by party rescinding.
The party rescinding a contract must restore to the other party everything of value which he has received from him under the contract, or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.
Source:
CivC 1877, §967, subdiv 2; CL 1887, §3591, subdiv 2; RCivC 1903, §1285, subdiv 2; RC 1919, §906 (2); SDC 1939, §10.0804 (2).
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-6 - Extinction by destruction or cancellation of contract or signatures by consent.

53-11-6. Extinction by destruction or cancellation of contract or signatures by consent.
The destruction or cancellation of a written contract or of the signatures of the parties liable thereon with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act.
Source:
CivC 1877, §970; CL 1887, §3594; RCivC 1903, §1288; RC 1919, §909; SDC 1939, §10.0807.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 11 - Extinction And Alteration Of Contracts › Section 53-11-7 - Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice.

53-11-7. Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice.
The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor against parties who do not consent to the act. Where a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of this section.
Source:
CivC 1877, §§971, 972; CL 1887, §§3595, 3596; RCivC 1903, §§1289, 1290; RC 1919, §§910, 911; SDC 1939, §10.0808.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-3 - Transactions not governed by chapter.

53-12-3. Transactions not governed by chapter.
This chapter does not apply to a transaction to the extent it is governed by:
(1)The Uniform Probate Code or other law governing the creation and execution of wills, codicils, or testamentary trusts;
(2)The Uniform Commercial Code other than §§57A-1-107 and 57A-1-206, and chapters 57A-2, 57A-2A, and 57A-9; and
(3)Transactions under chapter 15-6 or other transactions involving the Unified Judicial System.
Source:
SL 2000, ch 225, §3.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.

53-12-4. Transactions excluded under §53-12-3 that may be governed by chapter.
This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under §53-12-3 to the extent it is governed by a law other than those specified in §53-12-3.
Source:
SL 2000, ch 225, §4.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.

53-12-5. Transactions subject to chapter also subject to other applicable law.
A transaction subject to this chapter is also subject to other applicable substantive law.
Source:
SL 2000, ch 225, §5.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-6 - Application of chapter.

53-12-6. Application of chapter.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2000.
Source:
SL 2000, ch 225, §6.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-7 - Electronic record or signature not mandated.

53-12-7. Electronic record or signature not mandated.
This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
Source:
SL 2000, ch 225, §7.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-8 - Application solely to transactions between parties agreeing to electronic transaction.

53-12-8. Application solely to transactions between parties agreeing to electronic transaction.
This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
Source:
SL 2000, ch 225, §8.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-9 - Party agreeing to one electronic transaction may refuse others--Right not waivable.

53-12-9. Party agreeing to one electronic transaction may refuse others--Right not waivable.
A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this section may not be waived by agreement.
Source:
SL 2000, ch 225, §9.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.

53-12-10. Provisions of chapter may be varied by agreement except as otherwise provided.
Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
Source:
SL 2000, ch 225, §10.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-11 - Determination of legal consequences of electronic records or signatures.

53-12-11. Determination of legal consequences of electronic records or signatures.
Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Source:
SL 2000, ch 225, §11.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-12 - Construction of chapter.

53-12-12. Construction of chapter.
This chapter shall be construed and applied:
(1)To facilitate electronic transactions consistent with other applicable law;
(2)To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3)To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Source:
SL 2000, ch 225, §12.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect.

53-12-13. Electronic form of record or signature not grounds for denying its legal effect.
No record or signature may be denied legal effect or enforceability solely because it is in electronic form.
Source:
SL 2000, ch 225, §13.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract.

53-12-14. Electronic record used in contract formation not grounds for denying contract.
No contract may be denied legal effect or enforceability solely because an electronic record was used in its formation.
Source:
SL 2000, ch 225, §14.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-17 - Requirement of writing satisfied by sending of electronic record.

53-12-17. Requirement of writing satisfied by sending of electronic record.
If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
Source:
SL 2000, ch 225, §17.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner.

53-12-18. Requirement that record be posted, transmitted or formatted in certain manner.
If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner; the following rules apply:
(1)The record shall be posted or displayed in the manner specified in the other law;
(2)Except as otherwise provided in §53-12-20, the record shall be sent, communicated, or transmitted by the method specified in the other law;
(3)The record shall contain the information formatted in the manner specified in the other law.
Source:
SL 2000, ch 225, §18.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-19 - Electronic record not enforceable against recipient in certain situations.

53-12-19. Electronic record not enforceable against recipient in certain situations.
If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
Source:
SL 2000, ch 225, §19.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-20 - Requirements of §§ 53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.

53-12-20. Requirements of §§53-12-17 to 53-12-19, inclusive, not to be varied by agreement--Exceptions.
No requirement of §§53-12-17 to 53-12-19, inclusive, may be varied by agreement, but:
(1)To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under §53-12-17 that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2)A requirement under a law other than this chapter to send, communicate, or transmit a record by first class mail, may be varied by agreement to the extent permitted by the other law.
Source:
SL 2000, ch 225, §20.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-21 - Attributing electronic signature or record to person.

53-12-21. Attributing electronic signature or record to person.
An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
Source:
SL 2000, ch 225, §21.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-22 - Effect of electronic record or signature to be determined from context.

53-12-22. Effect of electronic record or signature to be determined from context.
The effect of an electronic record or electronic signature attributed to a person under §53-12-21 is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Source:
SL 2000, ch 225, §22.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-23 - Effect of change or error in electronic record.

53-12-23. Effect of change or error in electronic record.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1)If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2)In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(a)Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(b)Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(c)Has not used or received any benefit or value from the consideration, if any, received from the other person;
(3)If neither subdivision (1) nor (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;
(4)Subdivisions (2) and (3) of this section may not be varied by agreement.
Source:
SL 2000, ch 225, §23.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-24 - Notarization of electronic signature.

53-12-24. Notarization of electronic signature.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Source:
SL 2000, ch 225, §24.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-25 - Satisfying requirement that record be retained.

53-12-25. Satisfying requirement that record be retained.
If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1)Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2)Remains accessible for later reference.
Source:
SL 2000, ch 225, §25.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-26 - Requirement that record be retained does not apply to certain information.

53-12-26. Requirement that record be retained does not apply to certain information.
A requirement to retain a record in accordance with §53-12-25 does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
Source:
SL 2000, ch 225, §26.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-27 - Services of another person for retention of records authorized.

53-12-27. Services of another person for retention of records authorized.
A person may satisfy §53-12-25 by using the services of another person if the requirements of that subsection are satisfied.
Source:
SL 2000, ch 225, §27.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-28 - Retention of record in its original form.

53-12-28. Retention of record in its original form.
If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with §53-12-25.
Source:
SL 2000, ch 225, §28.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-29 - Retention of check.

53-12-29. Retention of check.
If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with §53-12-25.
Source:
SL 2000, ch 225, §29.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes.

53-12-30. Retention of record for evidentiary, audit, or like purposes.
A record retained as an electronic record in accordance with §53-12-25 satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2000, specifically prohibits the use of an electronic record for the specified purpose. This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Source:
SL 2000, ch 225, §30.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-31 - Electronic form of record or signature not grounds for exclusion.

53-12-31. Electronic form of record or signature not grounds for exclusion.
In a proceeding, no evidence of a record or signature may be excluded solely because it is in electronic form.
Source:
SL 2000, ch 225, §31.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-32 - Formation and terms of contract in automated transaction.

53-12-32. Formation and terms of contract in automated transaction.
In an automated transaction, the following rules apply:
(1)A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2)A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance;
(3)The terms of the contract are determined by the substantive law applicable to it.
Source:
SL 2000, ch 225, §32.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-33 - Time that electronic record is sent.

53-12-33. Time that electronic record is sent.
Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1)Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2)Is in a form capable of being processed by that system; and
(3)Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
Source:
SL 2000, ch 225, §33.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-34 - Time that electronic record is received.

53-12-34. Time that electronic record is received.
Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1)It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2)It is in a form capable of being processed by that system.
Source:
SL 2000, ch 225, §34.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-35 - Location of information processing system irrelevant.

53-12-35. Location of information processing system irrelevant.
Section 53-12-34 applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under §53-12-36.
Source:
SL 2000, ch 225, §35.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-36 - Place that electronic record is sent from and received.

53-12-36. Place that electronic record is sent from and received.
Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this section, the following rules apply:
(1)If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;
(2)If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
Source:
SL 2000, ch 225, §36.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-38 - Effect of electronic acknowledgment.

53-12-38. Effect of electronic acknowledgment.
Receipt of an electronic acknowledgment from an information processing system described in §53-12-34 establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
Source:
SL 2000, ch 225, §38.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-39 - Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.

53-12-39. Effect of actual knowledge that electronic record purportedly sent or received was not sent or received.
If a person is aware that an electronic record purportedly sent under §53-12-33, or purportedly received under §53-12-34, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this section may not be varied by agreement.
Source:
SL 2000, ch 225, §39.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-40 - "Transferable record" defined.

53-12-40."Transferable record" defined.
For purposes of this chapter, the term, transferable record, means an electronic record that:
(1)Would be a note under Article 3 of the Uniform Commercial Code or a document under Article 7 of the Uniform Commercial Code if the electronic record were in writing; and
(2)The issuer of the electronic record expressly has agreed is a transferable record.
Source:
SL 2000, ch 225, §40.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-41 - Person having control of transferable record.

53-12-41. Person having control of transferable record.
A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.
Source:
SL 2000, ch 225, §41.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-42 - Requirements for creation, storage, and assignment of transferable record--Authoritative copy.

53-12-42. Requirements for creation, storage, and assignment of transferable record--Authoritative copy.
A system satisfies §53-12-41, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:
(1)A single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in subdivisions (4), (5), and (6) of this section, unalterable;
(2)The authoritative copy identifies the person asserting control as:
(a)The person to which the transferable record was issued; or
(b)If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;
(3)The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
(4)Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(5)Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(6)Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
Source:
SL 2000, ch 225, §42.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-43 - Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.

53-12-43. Person having control of transferable record is holder with same rights and defenses as holder of equivalent record.
Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in subdivision 57A-1-201(20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under §57A-3-302(a), 57A-7-501, or 57A-9-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this section.
Source:
SL 2000, ch 225, §43.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-44 - Obligor under transferable record has same rights and defenses as obligor under equivalent records.

53-12-44. Obligor under transferable record has same rights and defenses as obligor under equivalent records.
Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.
Source:
SL 2000, ch 225, §44.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-45 - Proof of control of transferable record.

53-12-45. Proof of control of transferable record.
If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Source:
SL 2000, ch 225, §45.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-46 - Government agencies to determine extent to which electronic records will be created and retained.

53-12-46. Government agencies to determine extent to which electronic records will be created and retained.
Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
Source:
SL 2000, ch 225, §46.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-47 - Commissioner to promulgate rules for state agencies using electronic records and signatures.

53-12-47. Commissioner to promulgate rules for state agencies using electronic records and signatures.
To the extent that a governmental agency uses electronic records and electronic signatures under this chapter, the commissioner of the Bureau of Information and Telecommunications shall promulgate rules pursuant to chapter 1-26 to specify for state agencies:
(1)The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2)If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3)Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4)Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
Source:
SL 2000, ch 225, §47.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-48 - Board of Regents to determine extent to which electronic records and signatures will be used.

53-12-48. Board of Regents to determine extent to which electronic records and signatures will be used.
With respect to records under its control, and except as otherwise provided in §53-12-30, the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board's control shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. In administering such records, the board may exercise those powers specified in §§53-12-47 and 53-12-50. However, any public records as defined in §13-49-31 that the board elects to maintain in electronic form shall be accessible to the public in conformity with the rules the commissioner of the Bureau of Information and Telecommunications promulgates pursuant to §§53-12-47 and 53-12-50.
Source:
SL 2000, ch 225, §48.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated.

53-12-49. Use of electronic records or signatures by government agencies not mandated.
Except as otherwise provided in §53-12-30, this chapter does not require a governmental agency to use or permit the use of electronic records or electronic signatures.
Source:
SL 2000, ch 225, §49.
2023 South Dakota Codified Laws › Title 53 - Contracts › Chapter 12 - Electronic Transactions › Section 53-12-50 - Commissioner authorized to promote consistency and interoperability.

53-12-50. Commissioner authorized to promote consistency and interoperability.
The commissioner of the Bureau of Information and Telecommunications may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state . If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
Source:
SL 2000, ch 225, §50.
2023 South Dakota Codified Laws › Title 54 - Debtor and Creditor › Chapter 01 - Definitions And General Provisions › Section 54-1-1 - Definition of terms--Debtor--Creditor.

54-1-1. Definition of terms--Debtor--Creditor.
Terms used in this chapter and chapter 54-8 are defined as follows, unless the context otherwise plainly requires:
(1)"Creditor," is one in whose favor an obligation exists by reason of which he is, or may become, entitled to the payment of money;
(2)"Debtor," one who, by reason of an existing obligation is, or may become liable to pay money to another, whether such liability is certain or contingent.
Source:
CivC 1877, §§2018, 2019; CL 1887, §§4651, 4652; RCivC 1903, §§2363, 2364; RC 1919, §§2036, 2037; SDC 1939, §23.0101.
2023 South Dakota Codified Laws › Title 54 - Debtor and Creditor › Chapter 01 - Definitions And General Provisions › Section 54-1-2 - Loan of money defined.

54-1-2. Loan of money defined.
A loan of money is a contract by which one delivers a sum of money to another, and the latter agrees to return at a future time a sum equivalent to that which he borrowed.
Source:
CivC 1877, §1092; CL 1887, §3715; RCivC 1903, §1411; RC 1919, §1034; SDC 1939, §38.0101.