51A-17-8. Security device or deposit required.
Each application shall be accompanied by a security device acceptable to the director in the amount of one hundred thousand dollars. The director may increase the amount of the security device to a maximum of five hundred thousand dollars upon the basis of the impaired financial condition of a licensee, as evidenced by a reduction in net worth, financial losses, or other relevant criteria. The security device shall be in a form satisfactory to the director and shall run to the state for the benefit of any claimants against the licensee to secure the faithful performance of the obligations of the licensee with respect to the receipt, handling, transmission, and payment of money in connection with the sale and issuance of payment instruments or the transmission of money, or both. In the case of a surety bond, the aggregate liability of the surety may not exceed the principal sum of the bond. Any claimant against the licensee may bring suit directly on the security device or the director may bring suit on behalf of any claimant, either in one action or in successive actions.
In lieu of a security device or of any portion of the principal thereof, as required by this section, the licensee may deposit with the director, or with such banks in this state as the licensee may designate and the director may approve, cash, interest-bearing stocks and bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States, or of this state, or of a city, county, school district, or instrumentality of this state, or guaranteed by this state, to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the security device or portion thereof. The securities or cash shall be deposited as provided in this section and held to secure the same obligations as would the security device, but the depositor is entitled to receive all interest and dividends thereon, has the right, with the approval of the director, to substitute other securities for those deposited, and shall be required so to do on written order of the director made for good cause shown.
No security device may be cancelled without thirty days' written notice to the director. Cancellation does not affect any liability incurred or accrued during the period the security device was in effect.
Source: SL 2008, ch 253, ยง8.
Structure South Dakota Codified Laws
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-17-8 - 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-17-29 - 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-17-43 - Jurisdiction of the courts.
Section 51A-17-45 - Licenses not assignable.
Section 51A-17-47 - Promulgation of rules.
Section 51A-17-49 - Collection and maintenance of records and processing of fees.
Section 51A-17-51 - Multistate supervisory processes participation.