South Dakota Codified Laws
Chapter 17 - Money Transmission
Section 51A-17-36 - Suspension or revocation of authorized delegate designation.

51A-17-36. Suspension or revocation of authorized delegate designation.
The director may issue an order suspending or revoking the designation of an authorized delegate, if the director finds that:
(1)The authorized delegate violated this chapter or a rule adopted or an order issued under this chapter;
(2)The authorized delegate did not cooperate with an examination or investigation by the director;
(3)The authorized delegate engages in fraud, intentional misrepresentation, or gross negligence;
(4)The authorized delegate is convicted of a violation of a state or federal anti-money laundering statute or is subject to an enforcement action for a violation of a state or federal anti-money laundering statute;
(5)The competence, experience, character, or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; or
(6)The authorized delegate is engaging in an unsafe or unsound practice. In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate's provision of money services, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the authorized delegate.
An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate pursuant to chapter 1-26.

Source: SL 2008, ch 253, ยง36.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 51A - Banks and Banking

Chapter 17 - Money Transmission

Section 51A-17-1 - Definition of terms.

Section 51A-17-2 - Permissible investments defined.

Section 51A-17-2.1 - Control defined.

Section 51A-17-2.2 - Passive investor defined.

Section 51A-17-3 - Entities exempt from chapter.

Section 51A-17-4 - License to engage in business of money transmission required.

Section 51A-17-5 - Single license to conduct business at multiple locations--Authorized delegates.

Section 51A-17-6 - Minimum net worth required.

Section 51A-17-7 - Qualification to do business of corporate and noncorporate applicants and licensees.

Section 51A-17-8 - Security device or deposit required.

Section 51A-17-9 - Security after licensee ceases operations.

Section 51A-17-10 - Investments required--Waiver by director.

Section 51A-17-11 - Criminal history background check required .

Section 51A-17-12 - Application for license--Form--Contents.

Section 51A-17-13 - Corporate applicants--Additional requirements.

Section 51A-17-14 - Noncorporate applicants--Additional requirements.

Section 51A-17-15 - Waiver of license application requirements.

Section 51A-17-16 - Application fee.

Section 51A-17-17 - Applicant--Investigation by director.

Section 51A-17-18 - Denial of application--Request for hearing.

Section 51A-17-19 - Annual report and renewal fee.

Section 51A-17-20 - Time for filing renewal application, report, and fee.

Section 51A-17-21 - Limit of licensee's liability.

Section 51A-17-22 - Amendment or notice of certain events required.

Section 51A-17-23 - Notice of proposed change of control--Investigation--Approval of change.

Section 51A-17-24 - Persons exempt from change of control requirements--Notice.

Section 51A-17-25 - Public offering of securities exempt from change of control requirements.

Section 51A-17-26 - Request for determination on change of control from director.

Section 51A-17-27 - Examination or investigation--Acceptance of report by other examining agencies or federal government.

Section 51A-17-28 - Request for financial data or examination upon reasonable basis to believe licensee in noncompliance.

Section 51A-17-29 - Records required and open to inspection.

Section 51A-17-30 - Confidentiality of information--Exception.

Section 51A-17-31 - Authorized delegate--Written contract required--Contents.

Section 51A-17-32 - Standards of conduct of authorized delegate.

Section 51A-17-33 - Funds received by authorized delegate constitute trust funds.

Section 51A-17-34 - Report of theft or loss.

Section 51A-17-35 - Suspension or revocation of license.

Section 51A-17-36 - Suspension or revocation of authorized delegate designation.

Section 51A-17-37 - Cease and desist order.

Section 51A-17-38 - Administrative proceeding following cease and desist order.

Section 51A-17-39 - Consent order.

Section 51A-17-40 - Fine for violation of chapter or rule.

Section 51A-17-41 - Intentional misrepresentations or omissions in records--Engaging in activity without required license--Felony.

Section 51A-17-42 - Order to show cause--Temporary restraining order--Cease and desist order--Administrative proceeding--Judicial review.

Section 51A-17-43 - Jurisdiction of the courts.

Section 51A-17-45 - Licenses not assignable.

Section 51A-17-46 - Funds to be deposited with state treasurer and credited to banking special revenue fund.

Section 51A-17-47 - Promulgation of rules.

Section 51A-17-48 - Use of nationwide mortgage licensing system and registry as information channeling agent.

Section 51A-17-49 - Collection and maintenance of records and processing of fees.

Section 51A-17-50 - Confidentiality of information provided to nationwide mortgage licensing system and registry.

Section 51A-17-51 - Multistate supervisory processes participation.