Loan of trust funds

SDCL § 55-4-10 — under UNIFORM TRUSTS ACT.

SDCL § 55-4-10

Except as provided in §§ 55-4-11 and 55-4-12 , or except as may be expressly authorized by a court order, by the written consent of all qualified beneficiaries which may be given notwithstanding the provisions of § 55-4-31 , by the written authorization from or direction by a trust protector, or by the terms of the governing instrument, which may be given by the settlor notwithstanding the provisions of § 55-4-30 : (1) No corporate trustee may lend trust funds to itself or an affiliate, or to any director, officer, or employee of itself or of an affiliate; (2) No noncorporate trustee may lend trust funds to himself or herself, or to any relative, employer, employee, partner, or other business associate. Source: SL 1943, ch 308 , § 3; SDC Supp 1960, § 59.0503; SL 2017, ch 204 , § 20.