51A-12-13. Collection of certain credit service charges by bank.
Notwithstanding any other provisions of law, a bank may contract for and collect the following credit service charges in connection with the extensions of credit made pursuant to §51A-12-12, in an amount agreed to by the bank and the debtor either initially or pursuant to a change in terms authorized in § 54-11-12:
(1)Membership fees, whether assessed on an annual or other periodic basis;
(2)Transaction fees;
(3)Interest charges permitted by §54-3-1.1;
(4)Charges for exceeding a designated credit limit;
(5)Charges for stopping payment;
(6)Charges for each return of a dishonored check, negotiable order of withdrawal or draft; and
(7)Other charges made in connection with the revolving loan or charge account arrangement.
All of the fees and charges permitted by this section shall be deemed interest. No fee, expense or other charge whatsoever may be taken or received by a bank under a revolving loan or charge account arrangement except as provided in this section.
Source: SL 1987, ch 360, §2; SDCL, §51-24-12.1; SL 2021, ch 204, § 6.
Structure South Dakota Codified Laws
Section 51A-12-1 - Application to bank loans.
Section 51A-12-2 - Loan or credit limitation.
Section 51A-12-2.1 - Application for exception to agricultural loan or credit limitation.
Section 51A-12-2.2 - Expiration of exception--New exception request.
Section 51A-12-2.3 - Loan defined.
Section 51A-12-2.4 - Derivative transaction defined.
Section 51A-12-4 - Loan to customer used for partnership or corporation.
Section 51A-12-5 - Discounting not considered as money borrowed for purposes of loan limitation.
Section 51A-12-8 - Liability of officers and directors for excessive loans.
Section 51A-12-9 - Nonrisk and government guaranteed loans not included in loan limits.
Section 51A-12-10 - Sale of surplus federal reserve funds and excess bank funds not loan.
Section 51A-12-11 - Mortgage on real estate.
Section 51A-12-12 - Revolving credit authorized.
Section 51A-12-13 - Collection of certain credit service charges by bank.
Section 51A-12-14 - Right of offset on loans.
Section 51A-12-15 - Compounding interest and service fees.
Section 51A-12-16 - Security interests authorized.
Section 51A-12-17 - Maintenance of deposit as condition for loan.