South Dakota Codified Laws 51A-17-3. Entities exempt from chapter
This chapter does not apply to:
(1) The United States or any department, agency, or instrumentality thereof;
Terms Used In South Dakota Codified Laws 51A-17-3
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The United States Post Office;
(3) The state or any political subdivisions thereof;
(4) Banks, bank holding companies, credit unions, building and loan associations, savings and loan associations, savings banks, or mutual banks organized under the laws of any state or the United States, and any subcontractor, agent, or independent contractor that sells payment instruments issued by any such entity or sells such entity’s money transmission services on behalf of such entity;
(5) A South Dakota chartered trust company;
(6) The provision of electronic transfer of government benefits for any federal, state, or county governmental agency as defined in Federal Reserve Board Regulation E, by a contractor for and on behalf of the United States or any department, agency, or instrumentality thereof, or any state or any political subdivisions thereof;
(7) An operator of a payment system to the extent that the system provides processing, clearing, or settlement services, between or among persons excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, or similar funds transfers; and
(8) An agent appointed by a payee to collect and process payment as the agent of the payee, if the agent can demonstrate that:
(a) A written agreement exists between the payee and the agent directing the agent to collect and process payments on the payee’s behalf;
(b) The payee holds the agent out to the public as accepting payments on the payee’s behalf; and
(c) Payment is treated as received by the payee upon receipt by the agent so there is no risk of loss to the individual initiating the transaction if the agent fails to remit the funds to the payee.
Source: SL 2008, ch 253, § 3; SL 2020, ch 205, § 1.