Any person selling vehicles pursuant to the requirements of this chapter shall file with the department, upon forms provided by the department, an application including the following:

(1) The name and address of the applicant;

Terms Used In South Dakota Codified Laws 32-6B-6

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fraud: Intentional deception resulting in injury to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;

(3) The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a corporation or limited liability company;

(4) The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a true copy of the lease shall accompany the application;

(5) A certification that the location provides an adequately equipped office and is not the residence of the applicant;

(6) A certification that the location affords sufficient space to adequately store all vehicles offered for sale;

(7) A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

(8) A consent to allow periodic inspections of the dealership by the department;

(9) A certification that the business of a vehicle dealer is the principal business conducted at the location;

(10) A description of the principal place of business and any supplemental lots;

(11) A statement that the applicant is either franchised by a manufacturer of vehicles, in which case the name of each vehicle that the applicant is franchised to sell shall be included or is a used vehicle dealer;

(12) A list of financial references;

(13) A certification that neither the applicant, nor any other partner, member, officer, or financial supporter, has been convicted of a crime involving vehicle theft or fraud in the last five years;

(14) Such other information as the department may require;

(15) Verification as to the accuracy of the information provided by the applicant;

(16) A certificate that the applicant has obtained a public liability insurance policy of not less than three hundred thousand dollars; and

(17) For any emergency vehicle dealer whose principal place of business is not located in South Dakota, proof the dealer is a licensed dealer in another state and has no outstanding dealer violations.

Source: SL 1986, ch 250, § 7; SL 1990, ch 242, § 1; SL 1998, ch 175, § 3; SL 2014, ch 139, § 5.

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