South Dakota Codified Laws
Chapter 25A - Business Opportunities
Section 37-25A-34 - Liability not imposed on acts conforming to rule, form or order.

37-25A-34. Liability not imposed on acts conforming to rule, form or order.
No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, or order of the director of the Division of Insurance, notwithstanding that the rule, form, or order may later be amended or rescinded or may be determined by judicial or other authority to be invalid for any reason.

Source: SL 1985, ch 305, §34; SL 2017, ch 231 (Ex. Ord. 17-2), §19, eff. Apr. 13, 2017.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 25A - Business Opportunities

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.