Business Opportunities

  1. Law
  2. South Dakota Codified Laws
  3. Trade Regulation
  4. Business Opportunities

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Section
37-25A-1

Definitions.

Section
37-25A-2

Exclusions from definition of business opportunity.

Section
37-25A-3

Exemptions.

Section
37-25A-4

Revocation or denial of exemption--Procedure.

Section
37-25A-5

Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing.

Section
37-25A-6

Offer or sale without knowledge of order revoking or denying exemption.

Section
37-25A-7

Offer or sale of opportunity not registered or exempt prohibited.

Section
37-25A-8

Filings required to register opportunity.

Section
37-25A-9

Appointment of director as agent for service of process--Procedure for service through director.

Section
37-25A-10

Fee for registration.

Section
37-25A-11

Effective date of registration.

Section
37-25A-12

Term of registration--Renewal statement and fee--Sales report.

Section
37-25A-13

Rule requiring filing of advertising and literature authorized.

Section
37-25A-14

Delivery of written disclosure document to purchaser required.

Section
37-25A-15

Form and content of disclosure statement.

Section
37-25A-16

Business opportunity contract to be written--Copy to purchaser.

Section
37-25A-17

Required contract provisions.

Section
37-25A-18

Denial, revocation, or suspension of registration--Grounds.

Section
37-25A-19

Limitation of revocation, suspension, or denial proceeding.

Section
37-25A-20

Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification.

Section
37-25A-21

Prerequisites to entry of stop order.

Section
37-25A-22

Vacation or modification of orders--Grounds.

Section
37-25A-23

Net worth or bond requirements for use of income, refund, or repurchase representations.

Section
37-25A-24

Period bond required--Notice required prior to lapse.

Section
37-25A-25

Use or disclosure of information by director restricted.

Section
37-25A-26

Investigatory powers of director--Publication of information concerning violations.

Section
37-25A-27

Administration of oaths--Subpoena power--Taking evidence.

Section
37-25A-28

Enforcement of subpoena.

Section
37-25A-29

Privilege against self-incrimination not excusing witness--Prosecution of witness restricted.

Section
37-25A-30

Cease and desist orders--Injunction actions--Reference of evidence for prosecution.

Section
37-25A-31

Appeal of director's order.

Section
37-25A-32

Promulgation of rules and forms.

Section
37-25A-33

Findings required for adoption or change of rules--Cooperation with other jurisdictions.

Section
37-25A-34

Liability not imposed on acts conforming to rule, form or order.

Section
37-25A-35

Receipt by director as filing--Records maintained--Public inspection.

Section
37-25A-36

Interpretive opinions by director--Fee.

Section
37-25A-37

Sales and offers subject to chapter.

Section
37-25A-38

Offers to sell made in this state.

Section
37-25A-39

Offers to sell accepted in this state.

Section
37-25A-40

Offers to sell not made in this state.

Section
37-25A-41

Conduct constituting appointment of director as attorney for service of process.

Section
37-25A-42

Continuances where process served under chapter.

Section
37-25A-43

Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale.

Section
37-25A-44

False or misleading statements or omissions in proceedings or filings prohibited.

Section
37-25A-45

Filing and registration not constituting finding of truthfulness or approval--Contrary representations prohibited.

Section
37-25A-46

Advertising with misleading statements or omissions prohibited.

Section
37-25A-47

Violations as felonies--Separate offenses.

Section
37-25A-48

Civil liability for registration violations.

Section
37-25A-49

Civil liability for representation violations.

Section
37-25A-50

Action on bond.

Section
37-25A-51

Liability of person aiding or controlling violator.

Section
37-25A-52

Limitation of actions to enforce civil liability.

Section
37-25A-53

Rights and remedies under chapter additional.

Section
37-25A-54

Waiver of rights void.

Section
37-25A-55

Civil penalty.