Title 55 — FIDUCIARIES AND TRUSTS

Source: SL 2019, ch 210 , § 4.

Any persons, firms, or corporations or other forms of organization organized or engaging in the business under the laws of the State of South Dakota, or wheresoever organized and engaging in the business in the State of South Dakota, of the ownership, maintenance or operation of …

Each nonperpetual care cemetery shall post in a conspicuous place in the office or offices where sales are conducted a legible sign stating: "This is a nonperpetual care cemetery." The lettering of this sign shall be of suitable size so it is easily read at a distance of fifty fe…

Each nonperpetual care cemetery shall also have printed or stamped at the head of all its contracts, deeds, statements, letterheads and advertising material, the legend: "This is a nonperpetual care cemetery," and shall not sell any lot or interment space therein unless the purch…

Any nonperpetual care cemetery may become a perpetual care cemetery by placing in the perpetual care trust fund twenty - five thousand dollars, five thousand dollars per acre of all property sold or one hundred dollars per burial space, whichever is less, and shall comply with th…

No organization subject to the provisions of this chapter may pay or offer to pay to, or for any person, firm or corporation to receive, directly or indirectly, a commission or bonus or rebate or other thing of value, for or in connection with the sale of any interment space, lot…

No organization subject to the provisions of this chapter nor any person representing it in a sales capacity shall advertise or represent, in connection with the sale or attempted sale of any interment space, that the same is or will be a desirable speculative investment for resa…

A violation of § 55-12-3 , 55-12-4 , 55-12-8 , 55-12-10 , 55-12-11 , 55-12-13 or 55-12-14 is a petty offense. Each day a violation occurs except the commission of any act declared unlawful in § 55-12-13 shall be a separate and distinct offense. Source: SL 1955, ch 97 , §§ 9, 10; …

If any provision hereof or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisio…

A perpetual cemetery, as defined in § 55-12-4 , or a perpetual cemetery corporation operating under chapter 47-29 shall file an annual financial report for the preceding fiscal year with the secretary of state by July thirty-first of each year on a form prescribed by the secretar…

If a perpetual care cemetery has more than three thousand people buried in the cemetery, the cemetery shall transfer all moneys from the perpetual care fund into the principal fund. The principal fund and the earnings fund of a perpetual cemetery shall be administered by an indep…

If the attorney general has reason to believe that a perpetual care cemetery is not using the money in the earnings fund for the purposes listed in § 55-12-8.1 , the attorney general may investigate the use of the money in the earnings fund. The attorney general may execute in wr…

All such persons, firms or organizations subject to the provisions of this chapter shall be, for the purposes hereof, designated either as "perpetual care cemeteries" or "nonperpetual care cemeteries." Source: SL 1955, ch 97 , § 2; SDC Supp 1960, § 11.19A02.

The attorney general may issue a subpoena under § 37-24-14 or an investigative demand under § 37-24-12 to any person and may conduct any hearing in aid of any investigation or inquiry. The attorney general may prescribe the forms governing: (1) The conduct of investigations; (2) …

If any person refuses to obey an investigative demand or subpoena, the attorney general may petition the circuit court to enforce compliance under §

If the attorney general has reason to believe that any person is using the money in the earnings fund for purposes not related to the care and maintenance of the perpetual care cemetery, the attorney general may bring an action in the name of the state against the person to restr…

The court may make any additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, that the court finds to have been misused. Additional relief may include the appointment of a receiver whenever it appears to t…

If a receiver is appointed by the court, the receiver may collect, receive, and take into the receiver's possession all the goods and chattels, rights and credits, moneys and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes, and prope…

Any such organization subject to the provisions of this chapter which is organized or commences business in the State of South Dakota after February 28, 1955, and desires to operate as a perpetual care cemetery shall, before selling or disposing of any interment space or lots, es…

To continue to operate as a perpetual care cemetery, any such organization shall set aside and deposit in the cemetery principal fund not less than the following amounts for lots of interment space thereafter sold or disposed of: (1) A minimum of twenty percent of the gross selli…

Any such organization subject to the provisions of this chapter which was organized and engaged in business prior to February 28, 1955, shall be a perpetual care cemetery if it shall at all times comply with the requirements of a perpetual care cemetery as set forth in §

The income from the cemetery principal fund may be transferred to an earnings fund established by the cemetery and may be used for the care and maintenance of the cemetery. Source: SL 1955, ch 97 , § 3; SDC Supp 1960, § 11.19A03; SL 2014, ch 228 , § 4, eff. Mar. 28, 2014.

The proceeds arising from the income transferred to the earnings fund pursuant to § 55-12-8 for the care and maintenance of the cemetery may only be used for protecting, preserving, improving, and embellishing the cemetery and its appurtenances; preserving and caring, and marking…

All other organizations subject to the provisions of this chapter shall be nonperpetual care cemeteries. Source: SL 1955, ch 97 , § 5; SDC Supp 1960, § 11.19A05.