South Dakota 05A — Franchises For Brand-Name Goods And Services
- 37-5A-1 — Franchises subject to chapter.
- 37-5A-2 — Business operated on leased premises not a franchise.
- 37-5A-3 — Required payments constituting franchise fees.
- 37-5A-4 — Transactions not considered franchise fees.
- 37-5A-5 — Definition of terms.
- 37-5A-6 — Registration statement on file required for sale of franchise unless exempt.
- 37-5A-7 — Repealed.
- 37-5A-7.1 — Transactions occurring within state.
- 37-5A-7.2 — Offer to sell and acceptance of offer occurring within state.
- 37-5A-8 — , 37-5A-9. Repealed.
- 37-5A-10 — Offers made in out-of-state publications or broadcasts not considered made in state.
- 37-5A-11 — Farm machinery and vehicle franchises not subject to chapter.
- 37-5A-12 — Certain franchises exempt from registration requirement.
- 37-5A-13 — Sale of owned franchise exempt from registration requirement--Exception.
- 37-5A-14 — Judicial officers, financial institutions and registered securities exempt fromregistration requirement.
- 37-5A-15 — Burden of proof as to exemption or exception.
- 37-5A-16 — Application for registration--Public offering statement--Contents--Fee.
- 37-5A-17 — Business experience summary required in public offering statement.
- 37-5A-18 — Criminal record included in public offering statement--License revocation orsuspension--Injunctive or restrictive orders--Pending litigation.
- 37-5A-18.1 — Arbitration proceedings information included in public offering statement.
- 37-5A-18.2 — Bankruptcy information included in public offering statement.
- 37-5A-19 — Statement of fees, payments, and franchise conditions required in public offeringstatement.
- 37-5A-20 — Description of purchase obligations of franchisee or subfranchisor required in publicoffering statement.
- 37-5A-21 — Statement of service restrictions and financing arrangements required in publicoffering statement.
- 37-5A-22 — Statements of assistance to franchisee, involvement of public figure, number offranchises and area description required in public offering statement.
- 37-5A-23 — Printing requirements for public offering statement.
- 37-5A-24 — Form, content, and filing requirements for public offering statement in discretion ofdirector.
- 37-5A-25 — Financial statements and copy of franchise contract required with public offeringstatement.
- 37-5A-26 — Franchise earnings estimates filed with public offering statement.
- 37-5A-27 — Additional information required by director in public offering statement.
- 37-5A-28 — Information required in application by subfranchisor.
- 37-5A-29 — Previous public offering statements incorporated by reference in subsequentapplication.
- 37-5A-30 — Disclosure statements required under other laws as compliance with this chapter.
- 37-5A-31 — Waiver by director of particular public offering statement requirements.
- 37-5A-32 — Signing and verification of application and reports.
- 37-5A-33 — Falsification or omission of material fact--Failure to notify director of materialchange.
- 37-5A-34 — Investigations and appraisals by director--Independent experts--Costs.
- 37-5A-35 — Amendment of public offering statement ordered by director.
- 37-5A-36 — Consent to service of process.
- 37-5A-37 — Registration of franchise--Entry in register--Contents--Effective on order.
- 37-5A-38 — Conditions imposed on registration by director.
- 37-5A-39 — Escrow or impoundment of franchise fees when financing inadequate.
- 37-5A-40 — Amendment of registration on change in material information--Fee.
- 37-5A-41 — Annual report--Fee.
- 37-5A-42 — Cancellation of registration on failure to file report--Reinstatement.
- 37-5A-43 — Sale of franchise by misrepresentation prohibited.
- 37-5A-44 — Advertisements of franchises to be filed--Exception.
- 37-5A-45 — False or misleading advertising prohibited--Notice to advertiser.
- 37-5A-46 — Hearing on order stopping advertisement--Procedure--Order after hearing.
- 37-5A-47 — Franchisee to receive public offering statement and sale agreements prior toexecution.
- 37-5A-48 — Receipt for copies of statement and agreement--Period for which retained.
- 37-5A-49 — Franchise voidable if disclosure statement not received within prescribed time.
- 37-5A-50 — Misrepresentation to purchaser as to registration or approval requirements.
- 37-5A-51 — Unfair or inequitable practices--Injunction.
- 37-5A-51.1 — Restrictions on jurisdiction or venue void.
- 37-5A-52 — Records required--Inspection.
- 37-5A-53 — Administration of chapter.
- 37-5A-54 — Rules and regulations.
- 37-5A-55 — Interpretive opinions--Fee.
- 37-5A-56 — Time of filing documents.
- 37-5A-57 — Register of filings and orders--Public inspection.
- 37-5A-58 — Filings open to public inspection--Publication.
- 37-5A-59 — Copies of orders and documents--Certification--Admissibility in evidence.
- 37-5A-60 — Investigation of violations.
- 37-5A-60.1 — Request for information.
- 37-5A-61 — Administration of oaths--Subpoena powers.
- 37-5A-62 — Self-incrimination no excuse for refusal of evidence--Immunity from prosecution.
- 37-5A-63 — Judicial enforcement of subpoena--Failure to obey as contempt.
- 37-5A-64 — Unauthorized use or disclosure of confidential information as misdemeanor.
- 37-5A-65 — Common-law privileges unchanged on subpoena of evidence.
- 37-5A-66 — Cease and desist order--Denial, suspension, or revocation of registration, amendment,or exemption--Grounds.
- 37-5A-66.1 — Administrative assessment against person named in cease and desist order.
- 37-5A-67 — Notice of order entered without hearing--Contents--Right to subsequent hearing.
- 37-5A-68 — Order remaining in effect if no hearing requested.
- 37-5A-69 — Order after requested hearing.
- 37-5A-70 — Show cause order as alternative--Notice--Hearing--Order.
- 37-5A-71 — Service of director's orders--Subpoenas.
- 37-5A-72 — Civil action initiated by director in addition to other remedies.
- 37-5A-73 — Engaging in prohibited conduct constitutes appointment of agent for service ofprocess.
- 37-5A-74 — Service of process on director--Notice--Affidavit.
- 37-5A-75 — Injunctive relief--Appointment of receiver.
- 37-5A-76 — Violation of specified requirements as felony.
- 37-5A-77 — Repealed.
- 37-5A-78 — Civil action for fines--Deposit in treasury.
- 37-5A-79 — Intentional violation as felony.
- 37-5A-80 — Employment of fraud or deceit as felony.
- 37-5A-81 — Other criminal laws unaffected.
- 37-5A-82 — No civil liability unless expressed in chapter--Other liabilities unaffected.
- 37-5A-83 — Violator's liability to franchisee or subfranchisor.
- 37-5A-84 — Individual liability for violations by firms.
- 37-5A-85 — Damages recoverable--Costs and attorney's fees--Treble damages.
- 37-5A-86 — Waiver of compliance void.
- 37-5A-87 — Severability of provisions.