South Dakota Code § 58-33A-16.2

Recommendation--Producer responsibilities--Applicability and intent
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The requirements of §
58-33A-16.1
:
(1) Apply to the particular annuity as a whole, the underlying subaccounts to which funds are allocated at the time of purchase or exchange of an annuity, and riders and similar product enhancements;
(2) Create a regulatory obligation but do not create a fiduciary obligation or relationship;
(3) Do not mean the annuity with the lowest one-time or multiple occurrence compensation structure shall necessarily be recommended; and
(4) Do not mean the producer has ongoing monitoring obligations, although such an obligation may be separately owed under the terms of a fiduciary, consulting, investment advising, or financial planning agreement between the consumer and the producer.

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