South Dakota Code — 54
Browse 279 sections in division 54 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 54-1-1. Definition of terms--Debtor--Creditor.
- § 54-1-2. Loan of money defined.
- § 54-1-3. Debtor's contract valid in the absence of fraud.
- § 54-1-4. Preference of creditors by debtor.
- § 54-1-5. Marshaling of funds--Rights of creditor.
- § 54-1-6. "Open account" defined.
- § 54-1-7. Open account--Interest rates.
- § 54-1-8. Open account--Notice of interest rate increase.
- § 54-1-9. "Securitization" defined.
- § 54-1-10. Securitization transaction--Transferor to lose interest in transferred property.
- § 54-2-1. Payment defined.
- § 54-2-2. Repayment of loan in current funds.
- § 54-2-4. Obligation for payment extinguished by tender and deposit in state bank.
- § 54-3-1. Interest defined.
- § 54-3-1.1. Rate of interest set by written agreement--No maximum or usury restriction.
- § 54-3-2. Loan of money--Presumption as to interest.
- § 54-3-3. Annual rate of interest where not specified.
- § 54-3-4. Maximum rate of interest where no rate specified--Commencement where date not specified.
- § 54-3-5. Interest on moneys after they become due--Exception for express contracts or interest rate on bill, statement, or invoice--Limitation on interest rate.
- § 54-3-5.1. Interest on judgments, statutory liens and inverse condemnations.
- § 54-3-6. Legal rate of interest stipulated by contract after breach.
- § 54-3-8. Interest on loan--Advance deduction.
- § 54-3-13. Regulated lenders exempt from interest rate limitations and usury statutes.
- § 54-3-14. Regulated lenders defined.
- § 54-3-15. Exemption from federal preemption of state usury laws.
- § 54-3-16. Official state interest rates.
- § 54-3-17. Recommendations for amendment of official rates.
- § 54-3A-1. Definition of terms.
- § 54-3A-2. Items included in amount financed.
- § 54-3A-3. Finance charges on installment sales contract.
- § 54-3A-5. Additional charges allowed--Disclosure and explanation to consumer--Separate agreement.
- § 54-3A-6. Commencement of term of obligation--Down payments.
- § 54-3A-7. Modification of agreement to increase outstanding obligation prohibited--Exception.
- § 54-3A-8. Rule for computing refund of charges on prepayment.
- § 54-3A-8.1. Restriction on use of rule.
- § 54-3A-9. Rebate of portion of finance charge on prepayment or refinancing--Exceptions.
- § 54-3A-10. Rebate on acceleration of maturity.
- § 54-3A-11. Delinquent installments--Notice of penalty to consumer.
- § 54-3A-12. Imposition and collection of delinquency charge.
- § 54-3A-12.1. Imposition and collection of returned check charge--Maximum.
- § 54-3A-14. Unilateral deferral by creditor prohibited.
- § 54-3A-15. Deferral agreement requirements.
- § 54-3A-16. Deferral charge not collected on refinancing.
- § 54-3A-17. Refinancing agreement--Rebate excluded.
- § 54-3A-18. Refinancing agreement requirements.
- § 54-3A-19. Creditor's remedies on delinquency.
- § 54-3A-20. Debt forfeited for excessive charges--Costs and attorney fees.
- § 54-3A-21. Limitation on action for excessive charges.
- § 54-3A-22. Demand required before action for excessive charges.
- § 54-3A-23. Proof of unintentional error.
- § 54-3A-24. Promulgation of rules.
- § 54-3A-25. Severability of provisions.
- § 54-4-36. Definition of terms.
- § 54-4-37. Entities exempt from chapter provisions.
- § 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.
- § 54-4-38. Promulgation of rules.
- § 54-4-39. Compliance with Title 53.
- § 54-4-40. Application for license--Licensure through nationwide mortgage licensing system--Public records--Exemptions .
- § 54-4-41. Rejection or acceptance of application by director.
- § 54-4-42. Bond to be filed with application.
- § 54-4-43. Investigation of facts concerning license application--Requirements for grant of license.
- § 54-4-44. Engaging in business after procurement of license--Maximum finance charge--Violation as misdemeanor--Loan void.
- § 54-4-44.1. Device, subterfuge, or pretense to evade maximum finance charge prohibited--Penalties.
- § 54-4-44.2. Motor vehicle purchase loan--Fees incident to extension of credit.
- § 54-4-44.3. Consumer default--Fees incident to extension of credit.
- § 54-4-44.4. Business-to-business lending exempt.
- § 54-4-45. Duration of license--Renewal.
- § 54-4-46. Transfer of license--Approval required for name change.
- § 54-4-47. Location to be licensed--Change of location.
- § 54-4-47.1. Remote work--Requirements.
- § 54-4-48. Cease and desist order for practice not in conformity to requirements--Appeal.
- § 54-4-49. Conditions, denial, nonrenewal, suspension, or revocation of license.
- § 54-4-50. Injunction against licensee for violation.
- § 54-4-51. Court-appointed receivership.
- § 54-4-52. License required.
- § 54-4-53. Deposit of funds.
- § 54-4-54. Payment of annual tax--Exemption.
- § 54-4-55. Exemption from other taxes.
- § 54-4-56. Renewal of application--Tax information--Forms.
- § 54-4-57. Examination of records--Costs--Information--Forms--Application of other provisions.
- § 54-4-58. Information required in contract.
- § 54-4-59. Property insurance required.
- § 54-4-60. Purchase of insurance not condition to receive loan.
- § 54-4-61. Copy provided to debtor.
- § 54-4-62. Satisfaction of loan--Release of assignments.
- § 54-4-63. Advertising.
- § 54-4-64. Application of chapter.
- § 54-4-65. Limitation on renewal, rollover, or flip of short-term consumer loan--Fee.
- § 54-4-66. Maximum amount of payday loan--Violation as misdemeanor.
- § 54-4-67. Production of records located outside state--Alternate procedures--Designated record inspectors.
- § 54-4-68. Appointment of resident agent for service of process--Notice.
- § 54-4-69. Consent to be sued--Form.
- § 54-4-70. Title loans to be evidenced by written agreement--Possession of certification of title--Application of statutes on secured transactions.
- § 54-4-71. Term of title loan--Renewal--Payment amounts--Deferred principal amount.
- § 54-4-72. Default in repayment of title loan--Remedy--Exception--Sale of reposed vehicle--Refund of surplus less expenses.
- § 54-4-73. Debt cancellation contract defined.
- § 54-4-74. Debt suspension contract defined.
- § 54-4-75. Debt cancellation contracts and debt suspension contracts permitted.
- § 54-4-76. Loans by unlicensed lenders uncollectible except for principal.
- § 54-4-77. Debt collection--Prohibitions.
- § 54-4-77.1. Exemptions not applicable to prohibited debt-collection tactics.
- § 54-4-78. Use of nationwide mortgage licensing system and registry for requesting and distributing information.
- § 54-4-79. Contracts for collection and maintenance of records and processing of fees.
- § 54-4-80. Sharing of information collected by director.
- § 54-4-81. Attorney's fees recoverable if provided for in evidence of debt.
- § 54-6A-1. Definitions.
- § 54-6A-2. Lease-purchase agreement defined.
- § 54-6A-3. Agreements exempt from other laws.
- § 54-6A-4. Disclosure of information.
- § 54-6A-5. Information required in disclosure.
- § 54-6A-6. Provisions prohibited in agreements.
- § 54-6A-7. Reinstatement of agreement--Repossession.
- § 54-6A-8. Written receipts for cash or money order.
- § 54-6A-9. Renegotiation for new agreement--Extensions.
- § 54-6A-10. Advertisement of lease-purchase agreement.
- § 54-8-1. Transfer with intent to delay or defraud creditors void.
- § 54-8-2. Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.
- § 54-8-3. Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.
- § 54-8-4. Fraudulent intent--Question of fact--Inadequacy of consideration.
- § 54-8-20. Removal, secretion, encumbrancing or disposition of property to defraud creditors--Misdemeanor.
- § 54-8-21. Assignment or transfer of property to preferred creditors as felony--Exception.
- § 54-8-22. Party to transfer or assignment of property to defraud creditors guilty of felony.
- § 54-8-23. Fraud in bankruptcy proceedings--Misdemeanor.
- § 54-8A-1. Definitions.
- § 54-8A-2. Insolvency.
- § 54-8A-3. Value.
- § 54-8A-4. Transfers fraudulent as to present and future creditors.
- § 54-8A-5. Transfers fraudulent as to present creditors.
- § 54-8A-6. When transfer is made or obligation is incurred.
- § 54-8A-7. Remedies of creditors.
- § 54-8A-8. Defenses, liability and protection of transferee.
- § 54-8A-9. Extinguishment of cause of action.
- § 54-8A-10. Supplementary provisions.
- § 54-8A-11. Uniform application and construction.
- § 54-8A-12. Short title.
- § 54-9-1. Execution of assignment by insolvent debtor.
- § 54-9-2. Instrument of assignment--Execution--Acknowledgment or proof--Recording--Defective execution invalidates assignment.
- § 54-9-3. Subsisting absolute or contingent liability of assignor.
- § 54-9-5. Assignment invalid against creditor of assignor not assenting thereto.
- § 54-9-6. Property exempt from execution--Life insurance--Effect of assignment.
- § 54-9-7. Inventory required of assignor--Contents--Verification.
- § 54-9-8. Recording assignment and filing inventory.
- § 54-9-9. Effect of omitting to record--Assignment of real property.
- § 54-9-10. Assent of creditors necessary to modification of assignment.
- § 54-9-11. Bond of assignee--Amount--Approval of sureties by circuit court--Terms and conditions.
- § 54-9-12. Disposal or conversion of estate--Authority of assignee.
- § 54-9-13. Assignee takes subject to rights of third parties--Nonliability for acts done in good faith under void assignment.
- § 54-9-13.1. Action by assignee against person receiving property of debtor in fraud of creditors.
- § 54-9-13.2. Action by assignee against creditor receiving voluntary transfer from insolvent assignor.
- § 54-9-13.3. Duties of assignee.
- § 54-9-13.4. Notice to creditors to present verified claims--Publication.
- § 54-9-13.5. Contents of creditor's claim--Claim founded upon instrument.
- § 54-9-13.6. Time limitation on filing creditor's claim.
- § 54-9-13.7. Wages and commissions as preferred claims--Limitation on amount--"Traveling or city salesmen" defined.
- § 54-9-13.8. Sale or compromise of claims or property of estate--Liability of assignee.
- § 54-9-13.9. Sales at public auction--Procedure for private sales and sales of perishable property.
- § 54-9-14. Compensation of assignee.
- § 54-9-15. Proceeding subject to order and supervision of circuit court--Rendition of accounts and filing of reports by assignee--Distribution of trust estate.
- § 54-9-15.1. Power of court to take and state accounts.
- § 54-9-15.2. Accountants and attorneys appointed by court--Compensation of attorneys.
- § 54-9-16. Accounting of assignee.
- § 54-9-16.1. Deposit of funds in court for distribution subsequent to discharge of assignee.
- § 54-9-17. Removal of assignee by circuit court--Appointment and delivery of property to successor.
- § 54-9-18. Removal of assignee by circuit court--Discharge on full accounting and surrender of property to new assignee.
- § 54-9-19. Discharge of assignee upon full compliance with trust.
- § 54-9-20. Application of assignee for discharge--Notice by publication.
- § 54-9-21. Hearing upon application of assignee for discharge--Order requiring the performance of acts not completed--Order of discharge, granting, effect.
- § 54-9-22. Federal bankruptcy proceedings, possession of estate taken from assignee--Discharge of assignee on full accounting to trustee in bankruptcy.
- § 54-10-1. Definition of terms.
- § 54-10-2. Secured creditor's claim against general assets--Disclosure of nature of security.
- § 54-10-3. Failure of secured creditor to disclose existence of security--Effect of concealment.
- § 54-10-4. Dividends to secured creditors--Computation.
- § 54-10-5. Obligation for payment of money as security--Determination of value.
- § 54-10-6. Security other than obligation for the payment of money--Determination of value.
- § 54-10-7. Statutory provisions for determination of value of obligations impracticable or resulting in undue delay--Alternative method for determination of value.
- § 54-10-8. Value of security, determination by compromise--Redemption of assets by liquidator.
- § 54-10-9. Value of security, determination by litigation--Redemption of assets by liquidator.
- § 54-10-10. Value of security, determination by liquidator's sale of assets--Order of sale, requirements.
- § 54-10-11. Value of exempt security not credited upon claim.
- § 54-10-12. Application of chapter to existing transactions.
- § 54-10-13. Uniformity of interpretation of chapter.
- § 54-10-14. Citation of chapter.
- § 54-11-1. Credit card and accepted credit card defined.
- § 54-11-4. Unsolicited issuance of credit card prohibited--No liability for misuse by others.
- § 54-11-5. "Revolving charge account" and "consumer goods and services" defined.
- § 54-11-6.1. Credit service charge permitted on revolving charge account.
- § 54-11-6.2. Amount of service charge--Requirements--Compounding charge.
- § 54-11-6.3. Maximum service charge.
- § 54-11-6.4. Minimum charge on monthly bills when service charge less than minimum charge.
- § 54-11-8. Bank loan accounts unaffected.
- § 54-11-9. Creation of contract between card holder and issuer.
- § 54-11-12. Change in terms of credit card agreement.
- § 54-12-20. Reverse mortgage defined.
- § 54-12-21. Rules for reverse mortgage loans.
- § 54-12-22. Reverse mortgage loan payment--Undisbursed reverse mortgage funds.
- § 54-13-1. Definition of terms.
- § 54-13-2. Agricultural mediation program--Purposes--Administration.
- § 54-13-4. Staff services--Employment of director and other employees--Payment of expenses.
- § 54-13-5. Responsibility for fees--Agricultural mediation operating fund created--Appropriation--Annual review--Disbursements.
- § 54-13-6. Contracts with state agencies, nonprofit corporations, or individuals.
- § 54-13-7. Assistance to borrower or creditor.
- § 54-13-9. Notice to borrower and creditor of availability of financial preparation assistance.
- § 54-13-10. Mandatory mediation--Requirements--Voluntary mediation.
- § 54-13-11. Notice of initial mediation meeting--Exempt creditors--Waiver of right to mediate--Debt collection limitations.
- § 54-13-12. Length of mediation period--Notice to borrower--Additional meetings.
- § 54-13-13. Mediation of indebtedness requested by borrower--Procedure--Attendance at meetings not required.
- § 54-13-14. State or federal time periods deemed to run concurrently.
- § 54-13-15. Continuation of mediation--Expiration of mediation period--Agreement between borrower and creditors.
- § 54-13-16. Statement of waiver or failure to reach agreement deemed release.
- § 54-13-17. Time limitation on waiver by borrower.
- § 54-13-18. Information regarding finances of borrowers and creditors not public records--Mediation meetings not open.
- § 54-13-19. Other rights and duties, penalties, and actions not affected.
- § 54-13-20. Mediator or ag finance counselor immunity from civil liability--Qualifications.
- § 54-14-12. Definitions.
- § 54-14-12.1. Loan processor or underwriter defined.
- § 54-14-12.2. Mortgage loan originator defined.
- § 54-14-12.3. Real estate brokerage activity defined.
- § 54-14-12.4. Registered mortgage loan originator defined.
- § 54-14-13. License required for mortgage lenders, brokerage, brokers, and loan originators--Identification through nationwide mortgage licensing system and registry--Exemption.
- § 54-14-13.1. (See § 54-14-13.3 for effective dates) Mortgage loan originator license--Required findings.
- § 54-14-13.2. (See § 54-14-13.3 for effective dates) Mortgage loan originator license--Renewal standards.
- § 54-14-13.3. Effective dates of §§ 54-14-13.1 and 54-14-13.2.
- § 54-14-13.4. License required for loan processor or underwriter--Identification through nationwide mortgage licensing system and registry.
- § 54-14-13.5. License required for company originating, selling, or servicing nonresidential mortgage loans.
- § 54-14-14. Application for licensure or registration.
- § 54-14-15. Information to be furnished to nationwide mortgage licensing system and registry--Distribution of information--Criminal background check.
- § 54-14-16. Fees.
- § 54-14-17. License and registration not assignable.
- § 54-14-18. Expiration of license or registration.
- § 54-14-19. Fees for renewal of license.
- § 54-14-20. Exemption of certain entities from chapter.
- § 54-14-20.1. Exemption of certain persons from mortgage loan originator license requirement.
- § 54-14-20.2. Exemption of attorneys from mortgage loan originator license requirement.
- § 54-14-21. Exemption of certain entities from licensing requirements.
- § 54-14-23. Mortgage broker or lender permitted to use services of mortgage loan originator.
- § 54-14-24. Surety bond requirements.
- § 54-14-25. Violation of license or registration requirements--Misdemeanor.
- § 54-14-25.1. Civil penalty for acting without required license or registration.
- § 54-14-26. Examination and investigation by director.
- § 54-14-27. Conditioning, denial, nonrenewal, suspension, or revocation of license.
- § 54-14-28. Reinstatement of license or registration--Termination of suspension--New license or registration.
- § 54-14-29. Procedure for contesting suspension or revocation.
- § 54-14-30. Annual tax upon net income--Exemptions.
- § 54-14-31. Promulgation of rules regarding licensing, education, and fees.
- § 54-14-32. Disposition of fees.
- § 54-14-33. Contracts with nationwide mortgage licensing system.
- § 54-14-34. Promulgation of rules for challenging information entered in nationwide mortgage licensing system.
- § 54-14-35. Sharing of information.
- § 54-14-36. Reports of condition--Promulgation of rules.
- § 54-14-37. Reports of violations and enforcement.
- § 54-14-38. Improper influence on real estate appraisals prohibited--Grounds for discipline.
- § 54-14-39. Conduct not constituting improper influence on real estate appraisals.
- § 54-14-40. Remote work--Requirements.
- § 54-15-2. Security freeze defined.
- § 54-15-3. Request to consumer reporting agency for security freeze.
- § 54-15-4. Time for placing security freeze.
- § 54-15-5. Written confirmation of security freeze.
- § 54-15-6. Request for temporary lifting of security freeze.
- § 54-15-7. Expedited procedures for temporary lifting of security freeze.
- § 54-15-8. Conditions for removing or temporarily lifting security freeze.
- § 54-15-9. Treatment of credit or other application as incomplete for denial of limited access to credit information.
- § 54-15-10. Disclosure of process for placing and temporarily lifting security freeze or allowing limited access to information.
- § 54-15-11. Removal of security freeze--Request for removal.
- § 54-15-12. Use of credit report by certain persons and entities not subject to chapter.
- § 54-15-13. Written confirmation of changes to report while security freeze in place.
- § 54-15-14. Resellers of credit information not required to place security freeze.
- § 54-15-15. Certain entities not required to place security freeze.
- § 54-15-16. Furnishing of information to governmental agency when security freeze in place.
- § 54-15-17. Fee for placement or removal of security freeze prohibited.
- § 54-16-1. Definitions.
- § 54-16-2. Security freeze for protected consumer upon request to consumer reporting agency by protected consumer's representative.
- § 54-16-3. Application of chapter.
- § 54-16-4. Time for placing security freeze.
- § 54-16-5. Release of report or information prohibited.
- § 54-16-6. Duration of security freeze.
- § 54-16-7. Request for removal of security freeze.
- § 54-16-8. Time for removal of security freeze upon request.
- § 54-16-9. Fees of consumer reporting agency.
- § 54-16-10. Removal of security freeze based on material misrepresentation.