Title 55 — FIDUCIARIES AND TRUSTS
25 chapters · 567 sections in this title.
SDCL § 55-19-1 Definitions
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Terms used in this chapter mean: (1) "Account," any arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user; (2) "Agent," any attorney-in-fact gran…
SDCL § 55-19-10 Disclosure of other digital assets of principal
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Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications s…
SDCL § 55-19-11 Disclosure of digital assets held in trust when trustee is original user
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Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electr…
SDCL § 55-19-12 Disclosure of contents of electronic communications held in trust when trustee not original user
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, mainta…
SDCL § 55-19-13 Disclosure of other digital assets held in trust when trustee not original user
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Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried…
SDCL § 55-19-14 Disclosure of assets to conservator of protected person
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After an opportunity for a hearing under chapter 29A-5 , a court may grant a conservator access to the digital assets of a protected person. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic comm…
SDCL § 55-19-15 Suspension or termination of account of protected person
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A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied b…
SDCL § 55-19-16 Fiduciary duties
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The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: the duty of care, the duty of loyalty, and the duty of confidentiality. Source: SL 2017, ch 209 , § 16.
SDCL § 55-19-17 Fiduciary authority generally
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A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) Is subject to the applicable terms of service except as otherwise provided in § 55-19-4 ; (2) Is subject to other applicable law, including copyright law; (3) Is limited by the scope …
SDCL § 55-19-18 Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement
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A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a…
SDCL § 55-19-19 Fiduciary as authorized user for purposes of computer fraud or unauthorized access law
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A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of any computer fraud or unauthorized computer access law. Source: SL 2017, ch 209 , § 19.
SDCL § 55-19-2 Applicability generally
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The provisions of this chapter apply to: (1) Any fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017; (2) Any personal representative acting for a decedent who died before, on, or after July 1, 2017; (3) Any conservatorship proceeding com…
SDCL § 55-19-20 Fiduciary right of access to digital asset
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A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor has the right to access the property and any digital asset stored in it, and is an authorized user for the purpose of any computer fraud or unauthorized computer…
SDCL § 55-19-21 Disclosure of information by custodian to fiduciary
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A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. Source: SL 2017, ch 209 , § 21.
SDCL § 55-19-22 Request for termination of user's account
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The fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by: (1) If the user is deceased, a certified copy of the death certificate of the user; (2) A cert…
SDCL § 55-19-23 Custodian compliance
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A custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account not later than sixty days after receipt of information required under this chapter. A fiduciary or designated recipient may apply…
SDCL § 55-19-24 Custodian notice to user
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A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. Source: SL 2017, ch 209 , § 24.
SDCL § 55-19-25 Denial by custodian of request for disclosure or termination
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A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. Source: SL 2017, …
SDCL § 55-19-26 Custodian's ability to require court order
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This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that specifies that an account belongs to the protected person or principal, specifies that t…
SDCL § 55-19-27 Custodian immunity
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A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter. Source: SL 2017, ch 209 , § 27.
SDCL § 55-19-3 Applicability to custodians and employer assets used by employee
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This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death. This chapter does not apply to any digital asset of an employer used by an employee in the ordinary course of the employer's business. Source: SL 2017, …
SDCL § 55-19-4 User direction for disclosure of digital assets
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Any user may utilize an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at a…
SDCL § 55-19-5 Terms-of-service agreement
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This chapter does not change or impair the right of any custodian or user under a terms-of-service agreement to access and use digital assets of the user. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user f…
SDCL § 55-19-6 Procedure for disclosing digital assets
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If a custodian discloses digital assets of a user under this chapter, the custodian may, at the custodian's sole discretion: (1) Grant a fiduciary or designated recipient full access to the user's account; (2) Grant a fiduciary or designated recipient partial access to the user's…
SDCL § 55-19-7 Disclosure of content of electronic communications of deceased user
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If a deceased user consented to or a court directs disclosure of contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the…
SDCL § 55-19-8 Disclosure of other digital assets of deceased user
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Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than …
SDCL § 55-19-9 Disclosure of content of electronic communications of principal
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To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent give…