The licensee shall disclose in any loan contract the following:

(1) The amount and date of the loan;

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 54-4-58

  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Contract: A legal written agreement that becomes binding when signed.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) The amount of the down payment, if any;

(3) The dates any payments are due and the amount of payments;

(4) A list of any property used to secure the loan;

(5) Any liens or title filings required;

(6) The method used to compute the charges;

(7) An explanation of any fee or charge, including the cost of the loan as an annual percentage rate (APR);

(8) Any fee or charge that may be applied for delinquency;

(9) The conditions for an extension of payment or maturity of the loan;

(10) Refinancing requirements, including any fee or charge; and

(11) The address and telephone number of the Division of Banking and that any improprieties in making the loan or in loan practices may be referred to the division.

The licensee shall provide a copy of the loan contract to the debtor. A violation of this section is a Class 2 misdemeanor.

Source: SL 1998, ch 280, § 23; SL 2006, ch 245, § 2.