Key Takeaways

  • South Dakota producers have fiduciary duties to clients
  • Producers must disclose compensation and conflicts of interest
  • Premium funds must be handled according to strict requirements
  • Records must be maintained for regulatory examination
  • Continuing education includes ethics requirements
Last updated: January 2026

Producer Conduct and Fiduciary Duties

South Dakota insurance producers have legal and ethical obligations to their clients and the public.

Fiduciary Duties

Producers owe fiduciary duties to their clients:

Key Duties

DutyDescription
LoyaltyPut client's interests first
DisclosureReveal all material information
CompetenceMaintain professional knowledge
ConfidentialityProtect client information
Good FaithAct honestly in all dealings

Disclosure Requirements

South Dakota producers must disclose:

  • Method of compensation
  • Material conflicts of interest
  • All material terms and conditions
  • Limitations and exclusions

Handling of Funds

Producers must handle premiums according to strict rules:

Premium Collection

RequirementRule
DepositPromptly to insurer or trust account
ComminglingCannot mix with personal funds
Trust AccountRequired for holding premiums
RecordsMust maintain detailed records

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Potential criminal charges

Continuing Education

South Dakota requires ongoing education for producers:

  • Completion of required hours each renewal period
  • Ethics training component required
  • Must be completed before license renewal
Test Your Knowledge

What happens if a South Dakota producer commingles client premium funds with personal funds?

A
B
C
D