South Dakota § 32-7A-4.1 - Application required--Contents.

§ 32-7A-4.1. Application required--Contents.

Any person selling manufactured homes or mobile homes pursuant to the requirements of this chapter shall file with the department, upon forms provided by the department, an application including the following information:

(1)    The name and address of the applicant;

(2)    The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;

(3)    The name of the corporation or limited liability company, with the names and addresses of the principal officers or limited liability company, if the applicant is a corporation or limited liability company;

(4)    The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a true copy of the lease shall accompany the application;

(5)    A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

(6)    A consent to allow periodic inspections of the dealership by the department;

(7)    A description of the principal place of business and any supplemental lots;

(8)    A statement that the applicant is either franchised by a manufacturer of manufactured homes or mobile homes, in which case the brand name of each home that the applicant is franchised to sell shall be included, or is a used manufactured home or mobile home dealer;

(9)    The applicant's qualifications and business history, including whether the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments outstanding against them;

(10)    If the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate, has been convicted of a crime within the previous ten years that either related directly to the business for which the license is sought or involved fraud, misrepresentation, or misuse of funds, or has suffered a judgment in a civil action involving fraud, misrepresentation or conversion within the previous five years or has had any government issued license or permit suspended or revoked as a result of an action brought by federal or state governmental agency in this or any other state within the last five years;

(11)    Such other information as the department may require; and

(12)    Verification as to the accuracy of the information provided by the applicant.

Source: SL 1986, ch 251, § 7; SL 2014, ch 139, § 8.