South Dakota Codified Laws
Chapter 04 - Money Lending Licenses
Section 54-4-47.1 - Remote work--Requirements.

54-4-47.1. Remote work--Requirements.
An employee of a licensee may work in a remote location other than the business location identified pursuant to §54-4-40 or 54-4-47, 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, §1.

Structure South Dakota Codified Laws

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.