South Dakota Codified Laws
Chapter 31B - Uniform Securities Act Of 2002
Section 47-31B-406 - Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

47-31B-406. Registration by broker-dealer, agent, investment adviser, and investment adviser representative.
(a) Application for initial registration. A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with §47-31B-611, and paying the fee specified in §47-31B-410 and any reasonable fees charged by the designee of the director for processing the filing. The application must contain:
(1)The information or record required for the filing of a uniform application; and
(2)Upon request by the director, any other financial or other information or record that the director determines is appropriate.
(b) Amendment. If the information or record contained in an application filed under subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment.
(c) Effectiveness of registration. If an order is not in effect and a proceeding is not pending under §47-31B-412, registration becomes effective at noon on the forty-fifth day after a completed application is filed, unless the registration is denied. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application.
(d) Registration renewal. A registration is effective until midnight on December thirty-first of the year for which the application for registration is filed. Unless an order is in effect under §47-31B-412, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by paying the fee specified in §47-31B-410, and by paying costs charged by the designee of the director for processing the filings.
(e) Additional conditions or waivers. A rule adopted or order issued under this chapter may impose such other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996. An order issued under this chapter may waive, in whole or in part, specific requirements in connection with registration as are in the public interest and for the protection of investors.

Source: SL 2004, ch 278, §22.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 47 - Corporations

Chapter 31B - Uniform Securities Act Of 2002

Section 47-31B-101 - Short title.

Section 47-31B-102 - Definitions.

Section 47-31B-103 - References to federal statutes.

Section 47-31B-104 - References to federal agencies.

Section 47-31B-105 - Electronic records and signatures.

Section 47-31B-201 - Exempt securities.

Section 47-31B-202 - Exempt transactions.

Section 47-31B-203 - Additional exemptions and waivers.

Section 47-31B-204 - Denial, suspension, revocation, condition, or limitation of exemptions.

Section 47-31B-301 - Securities registration requirement.

Section 47-31B-302 - Notice filing.

Section 47-31B-303 - Securities registration by coordination.

Section 47-31B-304 - Securities registration by qualification.

Section 47-31B-305 - Securities registration filings.

Section 47-31B-306 - Denial, suspension, and revocation of securities registration.

Section 47-31B-307 - Waiver and modification.

Section 47-31B-401 - Broker-dealer registration requirement and exemptions.

Section 47-31B-402 - Agent registration requirement and exemptions.

Section 47-31B-403 - Investment adviser registration and exemptions.

Section 47-31B-404 - Investment adviser representative registration requirement and exemptions.

Section 47-31B-405 - Federal covered investment adviser notice filing requirement.

Section 47-31B-406 - Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

Section 47-31B-407 - Succession and change in registration of broker-dealer or investment advisor.

Section 47-31B-408 - Termination of employment or association of agent and investment adviser representative--Transfer of employment or association.

Section 47-31B-409 - Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

Section 47-31B-410 - Filing fees.

Section 47-31B-411 - Postregistration requirements.

Section 47-31B-412 - Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.

Section 47-31B-501 - General fraud.

Section 47-31B-502 - Prohibited conduct in providing investment advice.

Section 47-31B-503 - Evidentiary burden.

Section 47-31B-504 - Filing of sales and advertising literature.

Section 47-31B-505 - Misleading filings.

Section 47-31B-506 - Misrepresentations concerning registration or exemption.

Section 47-31B-507 - Qualified immunity.

Section 47-31B-508 - Criminal penalties.

Section 47-31B-509 - Civil liability.

Section 47-31B-510 - Rescission offers.

Section 47-31B-601 - Administration.

Section 47-31B-602 - Investigations and subpoenas.

Section 47-31B-603 - Civil enforcement.

Section 47-31B-604 - Administrative enforcement.

Section 47-31B-605 - Rules, forms, orders, interpretive opinions, and hearings.

Section 47-31B-606 - Administrative files and opinions.

Section 47-31B-607 - Public records--Confidentiality.

Section 47-31B-608 - Uniformity and cooperation with other agencies.

Section 47-31B-609 - Judicial review.

Section 47-31B-610 - Jurisdiction.

Section 47-31B-611 - Service of process.

Section 47-31B-612 - Severability clause.

Section 47-31B-703 - Application of chapter to existing proceeding and existing rights and duties.