Federal Trade Commission Franchise Rule

Definitions

Obligation to Furnish Documents

Cover Page

Table of Contents

Disclosure Items

Instructions for Preparing Disclosure Documents

Instructions for Updating Disclosures

Exemptions 

Additional Prohibitions

Other Laws and Rules

Severability

South Dakota Franchises of Dealers In Vehicles, Implements and Equipment

Coercion of dealer to force unwanted purchases as misdemeanor.

SD Codified L § 37-5-1.1

Omitted

Coercion of dealer to control sales or force expenditures as misdemeanor.

Unfair cancellation of dealer franchise as misdemeanor.

Civil liability for damages from violation.

Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession.

Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor.

Contracts subject to dealer's right to recovery of costs and charges on cancellation.

Determination of prices to be paid to dealer on cancellation of contract.

Time for payment of costs and charges to dealer--Final statement of account.

Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section.

Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs.

Current unused complete farm implements, machinery or attachments defined.

Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited.

Waiver of law void.

Dealer defined.

Merchandise defined.

Contract defined.

Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work.

Definition of terms used in §§ 37-5-13 to 37-5-15.

Certain circumstances not cause for termination of dealership contract or entering into new dealership contract.

Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property.

Definitions.

Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation.

Inapplicability of §§ 37-5-16 and 37-5-17 where only method of sales is through retailer with exclusive trade territory.

Civil action for violation of chapter.

South Dakota Franchise Investment

Definitions.

Jurisdiction.

Offer or sale not made in state.

Notice filing required.

Notice filing provisions.

Amendments.

Updating disclosure documents.

Start-up financial statements.

Phase-in of financial statements.

Negotiation of terms.

Signed receipt.

Exemptions from chapter.

Exemptions from notice filing and obligations to deliver disclosure document.

Exemptions from notice filing.

Exemptions by director.

Thresholds.

Delivery of disclosure document.

Time of delivery of disclosure document.

Books and records.

Burden of proof.

Arbitration.

Consent to service of process.

Advertisement.

Fraud--Class 4 felony.

Fraud--Class 6 felony.

Prohibited practices.

Director approval not permitted.

Administration.

Promulgation of rules.

Opinions.

Filed documents.

Records of filings and orders.

Public and nonpublic records.

Copies of notice filings and orders.

Investigations.

Request for information.

Subpoena powers.

Immunity.

Unauthorized use of information--Misdemeanor.

Cooperation with other agencies.

Cease and desist orders.

Order to show cause.

Civil penalty.

Order or request for hearing.

Effect of order without hearing.

Affirmance, modification, or vacation of order.

Civil action by attorney general.

Injunctive relief.

Civil damages or rescission.

Limitation of actions.

Pending actions and actions based on prior conduct.

Prior registrations and rulings.

Prior offers and sales.

Disclaimer

The links may not be to the most recent version of a statute. The State or Federal agency or agencies identified above may have more current or accurate information. While we strive to provide reliable and up-to-date resources, we do not make any guarantees about the accuracy or completeness on this site or the links above. We recommend consulting with a qualified legal professional for specific advice and information tailored to your individual circumstances. Buchalter APC shall not be liable for any reliance placed on the content of the external links.