Money Lending Licenses

  1. Law
  2. South Dakota Codified Laws
  3. Debtor and Creditor
  4. Money Lending Licenses

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Section
54-4-1

54-4-1.Repealed by SL 1998, ch 280, §30.

Section
54-4-2

54-4-2.Repealed by SL 1998, ch 280, §29.

Section
54-4-3

54-4-3 to 54-4-35.Repealed by SL 1998, ch 280, §30.

Section
54-4-36

Definition of terms.

Section
54-4-37

Entities exempt from chapter provisions.

Section
54-4-37.1

Exemption for originating, selling, servicing, or acquiring five or fewer loans in twelve-month period where total of outstanding loans under certain amount--Annual report.

Section
54-4-38

Promulgation of rules.

Section
54-4-39

Compliance with Title 53.

Section
54-4-40

Application for license--Licensure through nationwide mortgage licensing system--Public records--Exemptions .

Section
54-4-41

Rejection or acceptance of application by director.

Section
54-4-42

Bond to be filed with application.

Section
54-4-43

Investigation of facts concerning license application--Requirements for grant of license.

Section
54-4-44

Engaging in business after procurement of license--Maximum finance charge--Violation as misdemeanor--Loan void.

Section
54-4-44.1

Device, subterfuge, or pretense to evade maximum finance charge prohibited--Penalties.

Section
54-4-44.2

Motor vehicle purchase loan--Fees incident to extension of credit.

Section
54-4-44.3

Consumer default--Fees incident to extension of credit.

Section
54-4-44.4

Business-to-business lending exempt.

Section
54-4-45

Duration of license--Renewal.

Section
54-4-46

Transfer of license--Approval required for name change.

Section
54-4-47

Location to be licensed--Change of location.

Section
54-4-48

Cease and desist order for practice not in conformity to requirements--Appeal.

Section
54-4-49

Conditions, denial, nonrenewal, suspension, or revocation of license.

Section
54-4-50

Injunction against licensee for violation.

Section
54-4-51

Court-appointed receivership.

Section
54-4-52

License required.

Section
54-4-53

Deposit of funds.

Section
54-4-54

Payment of annual tax--Exemption.

Section
54-4-55

Exemption from other taxes.

Section
54-4-56

Renewal of application--Tax information--Forms.

Section
54-4-57

Examination of records--Costs--Information--Forms--Application of other provisions.

Section
54-4-58

Information required in contract.

Section
54-4-59

Property insurance required.

Section
54-4-60

Purchase of insurance not condition to receive loan.

Section
54-4-61

Copy provided to debtor.

Section
54-4-62

Satisfaction of loan--Release of assignments.

Section
54-4-63

Advertising.

Section
54-4-64

Application of chapter.

Section
54-4-65

Limitation on renewal, rollover, or flip of short-term consumer loan--Fee.

Section
54-4-66

Maximum amount of payday loan--Violation as misdemeanor.

Section
54-4-67

Production of records located outside state--Alternate procedures--Designated record inspectors.

Section
54-4-68

Appointment of resident agent for service of process--Notice.

Section
54-4-69

Consent to be sued--Form.

Section
54-4-70

Title loans to be evidenced by written agreement--Possession of certification of title--Application of statutes on secured transactions.

Section
54-4-71

Term of title loan--Renewal--Payment amounts--Deferred principal amount.

Section
54-4-72

Default in repayment of title loan--Remedy--Exception--Sale of reposed vehicle--Refund of surplus less expenses.

Section
54-4-73

Debt cancellation contract defined.

Section
54-4-74

Debt suspension contract defined.

Section
54-4-75

Debt cancellation contracts and debt suspension contracts permitted.

Section
54-4-76

Loans by unlicensed lenders uncollectible except for principal.

Section
54-4-77

Debt collection--Prohibitions.

Section
54-4-77.1

Exemptions not applicable to prohibited debt-collection tactics.

Section
54-4-78

Use of nationwide mortgage licensing system and registry for requesting and distributing information.

Section
54-4-79

Contracts for collection and maintenance of records and processing of fees.

Section
54-4-80

Sharing of information collected by director.

Section
54-4-81

Attorney's fees recoverable if provided for in evidence of debt.