South Dakota Codified Laws
Chapter 04 - Money Lending Licenses
Section 54-4-38 - Promulgation of rules.

South Dakota Codified Laws

Title 54 - Debtor and Creditor

Chapter 04 - Money Lending Licenses

Section 54-4-36 - Definition of terms.

Section 54-4-37 - Entities exempt from chapter provisions.

Section 54-4-37.1 - Exemption for originating, selling, servicing, or acquiring five or fewer loans in twelve-month period where total of outstanding loans under certain amount--Annual report.

Section 54-4-38 - Promulgation of rules.

Section 54-4-39 - Compliance with Title 53.

Section 54-4-40 - Application for license--Licensure through nationwide mortgage licensing system--Public records--Exemptions.

Section 54-4-41 - Rejection or acceptance of application by director.

Section 54-4-42 - Bond to be filed with application.

Section 54-4-43 - Investigation of facts concerning license application--Requirements for grant of license.

Section 54-4-44 - Engaging in business after procurement of license--Maximum finance charge--Violation as misdemeanor--Loan void.

Section 54-4-44.1 - Device, subterfuge, or pretense to evade maximum finance charge prohibited--Penalties.

Section 54-4-44.2 - Motor vehicle purchase loan--Fees incident to extension of credit.

Section 54-4-44.3 - Consumer default--Fees incident to extension of credit.

Section 54-4-44.4 - Business-to-business lending exempt.

Section 54-4-45 - Duration of license--Renewal.

Section 54-4-46 - Transfer of license--Approval required for name change.

Section 54-4-47 - Location to be licensed--Change of location.

Section 54-4-47.1 - Remote work--Requirements.

Section 54-4-48 - Cease and desist order for practice not in conformity to requirements--Appeal.

Section 54-4-49 - Conditions, denial, nonrenewal, suspension, or revocation of license.

Section 54-4-50 - Injunction against licensee for violation.

Section 54-4-51 - Court-appointed receivership.

Section 54-4-52 - License required.

Section 54-4-53 - Deposit of funds.

Section 54-4-54 - Payment of annual tax--Exemption.

Section 54-4-55 - Exemption from other taxes.

Section 54-4-56 - Renewal of application--Tax information--Forms.

Section 54-4-57 - Examination of records--Costs--Information--Forms--Application of other provisions.

Section 54-4-58 - Information required in contract.

Section 54-4-59 - Property insurance required.

Section 54-4-60 - Purchase of insurance not condition to receive loan.

Section 54-4-61 - Copy provided to debtor.

Section 54-4-62 - Satisfaction of loan--Release of assignments.

Section 54-4-63 - Advertising.

Section 54-4-64 - Application of chapter.

Section 54-4-65 - Limitation on renewal, rollover, or flip of short-term consumer loan--Fee.

Section 54-4-66 - Maximum amount of payday loan--Violation as misdemeanor.

Section 54-4-67 - Production of records located outside state--Alternate procedures--Designated record inspectors.

Section 54-4-68 - Appointment of resident agent for service of process--Notice.

Section 54-4-69 - Consent to be sued--Form.

Section 54-4-70 - Title loans to be evidenced by written agreement--Possession of certification of title--Application of statutes on secured transactions.

Section 54-4-71 - Term of title loan--Renewal--Payment amounts--Deferred principal amount.

Section 54-4-72 - Default in repayment of title loan--Remedy--Exception--Sale of reposed vehicle--Refund of surplus less expenses.

Section 54-4-73 - Debt cancellation contract defined.

Section 54-4-74 - Debt suspension contract defined.

Section 54-4-75 - Debt cancellation contracts and debt suspension contracts permitted.

Section 54-4-76 - Loans by unlicensed lenders uncollectible except for principal.

Section 54-4-77 - Debt collection--Prohibitions.

Section 54-4-77.1 - Exemptions not applicable to prohibited debt-collection tactics.

Section 54-4-78 - Use of nationwide mortgage licensing system and registry for requesting and distributing information.

Section 54-4-79 - Contracts for collection and maintenance of records and processing of fees.

Section 54-4-80 - Sharing of information collected by director.

Section 54-4-81 - Attorney's fees recoverable if provided for in evidence of debt.