No person, in connection with the offer or sale of any business opportunity in this state, may:

(1) Employ any device, scheme, or artifice to defraud;

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Terms Used In South Dakota Codified Laws 37-25A-43

  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

Source: SL 1985, ch 305, § 43.