Section 35-8A-10 - Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay. - South Dakota Statutes

35-8A-10. Transfer of wholesaler's business--Approval required--Exception for death--Unreasonable delay. A wholesaler may, at death, transfer the wholesaler's business to a designated member. The consent or approval of the supplier is not required for any transfer of the wholesaler's business at death, including the assignment of wholesaler's rights under the agreement, to a designated member. Any other transfer of wholesaler's business is subject to the supplier's prior written approval. Upon written notice of intent to transfer the wholesaler's business, any individual owning an interest in a wholesaler may transfer that interest to any person who meets the reasonable qualifications required by the supplier. The consent or approval of the supplier is required for any transfer of the wholesaler's business to a proposed transferee to assure that the proposed transferee meets the reasonable qualifications of the supplier. The supplier may not withhold consent without good cause. The supplier may not interfere with, prevent or unreasonably delay the transfer of wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee meets the reasonable qualifications required by the supplier. For the purposes of this section, the term, "unreasonable delay," means a period exceeding sixty days after receipt by supplier of all information reasonably requested from the wholesaler unless a longer period of time is justified by the circumstances. The supplier has the burden of showing that he has acted reasonably and in good faith in refusing to consent to the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.

Source: SL 1990, ch 300, § 10.