There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 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- 37-5A-7 — Repealed.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 Repealed.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.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.