South Dakota Codified Laws
Chapter 14 - Mortgage Lender Business
Section 54-14-40 - Remote work--Requirements.

54-14-40. Remote work--Requirements.
An employee of a licensee may work in a remote location other than the business location identified pursuant to §54-14-14, if the licensee:
(1)Ensures in-person interactions with consumers are not conducted at the remote location and the remote location is not represented to consumers as a business location;
(2)Maintains secure virtual private networks and other appropriate safeguards for licensee and consumer data, information, and records;
(3)Employs appropriate risk-based monitoring and oversight processes of work performed from a remote location and maintains records of the processes;
(4)Ensures consumer information and records are not maintained at the remote location;
(5)Ensures consumer and licensee information and records remain accessible and available for regulatory oversight and examination; and
(6)Provides appropriate employee training to keep all conversations about and with consumers conducted from the remote location confidential, as if conducted from the business location, and to ensure remote employees work in an environment that maintains confidentiality.

Source: SL 2022, ch 179, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 54 - Debtor and Creditor

Chapter 14 - Mortgage Lender Business

Section 54-14-12 - Definitions.

Section 54-14-12.1 - Loan processor or underwriter defined.

Section 54-14-12.2 - Mortgage loan originator defined.

Section 54-14-12.3 - Real estate brokerage activity defined.

Section 54-14-12.4 - Registered mortgage loan originator defined.

Section 54-14-13 - License required for mortgage lenders, brokerage, brokers, and loan originators--Identification through nationwide mortgage licensing system and registry--Exemption.

Section 54-14-13.1 - (See §54-14-13.3 for effective dates) Mortgage loan originator license--Required findings.

Section 54-14-13.2 - (See §54-14-13.3 for effective dates) Mortgage loan originator license--Renewal standards.

Section 54-14-13.3 - Effective dates of §§54-14-13.1 and 54-14-13.2.

Section 54-14-13.4 - License required for loan processor or underwriter--Identification through nationwide mortgage licensing system and registry.

Section 54-14-13.5 - License required for company originating, selling, or servicing nonresidential mortgage loans.

Section 54-14-14 - Application for licensure or registration.

Section 54-14-15 - Information to be furnished to nationwide mortgage licensing system and registry--Distribution of information--Criminal background check.

Section 54-14-16 - Fees.

Section 54-14-17 - License and registration not assignable.

Section 54-14-18 - Expiration of license or registration.

Section 54-14-19 - Fees for renewal of license.

Section 54-14-20 - Exemption of certain entities from chapter.

Section 54-14-20.1 - Exemption of certain persons from mortgage loan originator license requirement.

Section 54-14-20.2 - Exemption of attorneys from mortgage loan originator license requirement.

Section 54-14-21 - Exemption of certain entities from licensing requirements.

Section 54-14-23 - Mortgage broker or lender permitted to use services of mortgage loan originator.

Section 54-14-24 - Surety bond requirements.

Section 54-14-25 - Violation of license or registration requirements--Misdemeanor.

Section 54-14-25.1 - Civil penalty for acting without required license or registration.

Section 54-14-26 - Examination and investigation by director.

Section 54-14-27 - Conditioning, denial, nonrenewal, suspension, or revocation of license.

Section 54-14-28 - Reinstatement of license or registration--Termination of suspension--New license or registration.

Section 54-14-29 - Procedure for contesting suspension or revocation.

Section 54-14-30 - Annual tax upon net income--Exemptions.

Section 54-14-31 - Promulgation of rules regarding licensing, education, and fees.

Section 54-14-32 - Disposition of fees.

Section 54-14-33 - Contracts with nationwide mortgage licensing system.

Section 54-14-34 - Promulgation of rules for challenging information entered in nationwide mortgage licensing system.

Section 54-14-35 - Sharing of information.

Section 54-14-36 - Reports of condition--Promulgation of rules.

Section 54-14-37 - Reports of violations and enforcement.

Section 54-14-38 - Improper influence on real estate appraisals prohibited--Grounds for discipline.

Section 54-14-39 - Conduct not constituting improper influence on real estate appraisals.

Section 54-14-40 - Remote work--Requirements.