South Dakota Code § 58-33A-18

Conditions resulting in no obligation to consumer
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Except as provided pursuant to §
58-33A-19
, a producer has no obligation to a consumer under §§
58-33A-16.1
to
58-33A-16.3
, inclusive, and §
58-33A-17
related to any annuity transaction if:
(1) A consumer refuses to provide relevant consumer profile information and the annuity transaction is not recommended;
(2) A consumer decides to enter into an annuity transaction that is not based on a recommendation of the producer;
(3) A recommendation was made and was later found to have been prepared based on materially inaccurate information provided by the consumer; or
(4) No recommendation is made.

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