South Dakota Codified Laws
Chapter 25A - Business Opportunities
Section 37-25A-6 - Offer or sale without knowledge of order revoking or denying exemption.

37-25A-6. Offer or sale without knowledge of order revoking or denying exemption.
No person is considered to have violated §37-25A-7 by reason of any offer or sale effected after the entry of an order under §37-25A-5 if he establishes that he did not know and, in the exercise of reasonable care, could not have known, of the order.

Source: SL 1985, ch 305, §6.

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.