Requirements for issuing securities.
Effective Jun 30, 200834 SDR 322Source: 8 SDR 31, effective September 30, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 28, effective August 21, 1988; 34 SDR 322, effective June 30, 2008. | General Authority: SDCL 51A-2-13. | Law Implemented: SDCL 51A-3-16.
The director may approve the issuance of any security under SDCL 51A-3-16 if the following requirements are met:
- (1) The issuing bank makes full disclosure of all material facts regarding the bank and the sale in writing to the prospective purchasers. The written disclosure shall be approved by the director prior to any offers to sell. Current stockholders of a bank shall be presumed to have knowledge of all material facts;
- (2) The director determines the offering to be fair and equitable; and
- (3) The director determines the offering to be in the best interest of the issuing bank.
Source: 8 SDR 31, effective September 30, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 28, effective August 21, 1988; 34 SDR 322, effective June 30, 2008.
General Authority: SDCL 51A-2-13.
Law Implemented: SDCL 51A-3-16.