Title 55 — FIDUCIARIES AND TRUSTS

A certificate of trust executed under § 55-4-51 may be recorded in the office of the register of deeds with respect to land described in the certificate of trust or any attachment to it. If it is recorded or filed in any county where real property is situated, or in the case of p…

Applicability of §§ 55-4-51 and

A certificate of a trustee or of trustees of a trust in support of a real property transaction may be substantially in the following form: This instrument was prepared by: ____________________ ____________________ ____________________ (insert name, address and phone number) CERTI…

A recipient of a certificate of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer on the trustee the power to act in the pending transaction. Source: SL 2009, ch 252 , § …

Any person who acts in reliance on a certificate of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Kn…

Any person who in good faith enters into a transaction in reliance on a certificate of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct. Source: SL 2009, ch 252 , § 27.

Any person making a demand for the trust instrument in addition to a certificate of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument. Source: SL 2009, ch 252 , § 28.

The provisions of §§ 55-4-51 to 55-4-55 , inclusive, do not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. Source: SL 2009, ch 252 , § 29.

(a) A judicial proceeding to contest whether a revocable trust or any amendment thereto, or an irrevocable trust was validly created may not be commenced later than the first to occur of: (1) One year after the settlor's death; (2) Sixty days after the trustee, trust advisor, tru…

(a) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor…

A trustee owning corporate stock may vote it by proxy, but shall be liable for any loss resulting to the beneficiaries from a failure to use reasonable care in deciding how to vote the stock and in voting it. Source: SL 1943, ch 308 , § 8; SDC Supp 1960, § 59.0508.

Whenever a bank account shall, by entries made on the books of the depositor and the bank at the time of the deposit, be created exclusively for the purpose of paying dividends, interest or interest coupons, salaries, wages, or pensions or other benefits to employees, and the dep…

If any beneficiary for whom a trust is created pursuant to § 55-4-7 does not present his claim to the bank for payment within one year after it is due, the depositor who created such trust may revoke it as to such creditor. Source: SL 1943, ch 308 , § 2; SDC Supp 1960, § 59.0502 …

A trustee owning any stocks, bonds, notes, debentures, or other written obligations of any public or private corporation may hold the same in the name of a nominee, without mention of the trust in the records of such corporation or in the stock certificate or stock registration b…

The trustee shall pursue an investment strategy that considers both the reasonable production of income and safety of capital, consistent with the trustee's duty of impartiality and the purpose of the trust. Whether investments are underproductive or overproductive of income shal…

The circumstances that the trustee may consider in making investment decisions include, without limitation, the general economic conditions, the possible effect of inflation, the expected tax consequences of investment decisions or strategies, the role each investment or course o…

The provisions of this chapter may be expanded, restricted, eliminated, or otherwise altered by express provisions of the trust instrument. The trustee is not liable to a beneficiary for the trustee's reasonable and good faith reliance on those express provisions. Source: SL 1995…

Nothing in this chapter abrogates or restricts the power of an appropriate court in proper cases to direct or permit the trustee to deviate from the terms of the trust instrument or to direct or permit the trustee to take, or to restrain the trustee from taking, any action regard…

The following terms or comparable language in the investment powers and related provisions of a trust instrument, unless otherwise limited or modified by that instrument, authorize any investment or strategy permitted under this chapter: "investments permissible by law for invest…

This chapter applies to all existing and future trusts, but only as to actions or inactions occurring after July 1, 1995. Source: SL 1995, ch 271 , § 15.

A trustee has a duty to personally perform the responsibilities of the trusteeship except as a prudent person might delegate those responsibilities to others. In deciding whether, to whom, and in what manner to delegate fiduciary authority in the administration of a trust, and th…

(a) Unless otherwise required by the terms of the trust instrument or court order, no trustee of a trust, with respect to acquiring, retaining, or disposing of a contract of insurance or holding one or more insurance contracts upon the life of the settlor, or the lives of the set…

The trustee shall invest and manage trust assets as a prudent investor would considering the purposes, terms, distribution requirements, and other circumstances of the trust. This standard requires the exercise of reasonable care, skill, and caution and shall be applied to invest…

No specific investment or course of action is, taken alone, prudent or imprudent. The trustee may invest in every kind of property and type of investment, subject to this chapter. The prudent investor rule is a test of conduct and not of resulting performance. The prudent investo…

The trustee shall diversify the investments of the trust unless, under the circumstances, the trustee reasonably believes it is in the interests of the beneficiaries and furthers the purposes of the trust not to diversify. Regardless of concentration or lack of diversification, t…

The trustee shall, within a reasonable time after the acceptance of the trusteeship, review trust assets and make and implement decisions concerning the retention and disposition of original pre-existing investments in order to conform to the provisions of this section. The trust…

Judgments rendered by any court in the State of South Dakota, and mortgages belonging to an estate, trust, or person under conservatorship, may, without prior order of court, be released, discharged or assigned, in whole or in part as to any particular property, and deeds may be …

Before any instrument executed by any fiduciary or officer as authorized in § 55-5A-1 shall be effective, there shall be attached thereto a certificate executed by the court or clerk making the appointment, with seal attached, if such officer has a seal. Such certificate shall st…

Any bank or trust company qualified to act as fiduciary in this state may establish common trust funds or collective investment funds for the purpose of furnishing investments to itself as fiduciary, or to itself and others, as cofiduciaries. Any common trust fund or collective i…

For purposes of this chapter, the term, common trust fund, is a fund as defined in 12 C.F.R. 9.18(a)(1) as of January 1, 2011, and is provided exemption from taxation according to 26 U.S.C. 584 as of January 1, 2011. Source: SL 2011, ch 212 , § 28.

For purposes of this chapter, the term, collective investment fund, is a fund as defined in 12 C.F.R. 9.18(a)(2) as of January 1, 2011, and is provided exemption from taxation according to Internal Revenue Service, Revenue Ruling 81-100, published March 30, 1981. Source: SL 2011,…

Any bank or trust company qualified to act as fiduciary in this state may, as such fiduciary or cofiduciary, invest funds which it lawfully holds for investment in interests in common trust funds or collective investment funds established pursuant to § 55-6-1 , if such investment…

A bank or trust company qualified to act as a fiduciary in this state may: (1) Establish and maintain common trust funds or collective investment funds for the collective investment of funds held in any fiduciary capacity by it or by another bank or trust company which is owned o…

The bank or trust company operating such common trust funds or collective investment funds shall comply with the provisions of chapter 21-22 in the administration of the trust estate. Source: SL 1941, ch 20 , § 2; SDC Supp 1960, § 6.0902; SL 2011, ch 212 , § 26.

This chapter shall apply to fiduciary relationships in existence at the time this chapter takes effect or thereafter established. Source: SL 1941, ch 20 , § 7; SDC Supp 1960, § 6.0904.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Source: SL 1941, ch 20 , § 3; SDC Supp 1960, § 6.0903. 55-6-6. Repealed by SL 2011, ch 212 , § 27.

This chapter may be cited as the Uniform Common Trust Fund Act. Source: SL 1941, ch 20 , § 4; SDC Supp 1960, § 6.0906.

One who actually and in good faith transfers any money or other property to a trustee as such is not bound to see to the application thereof; and his rights can in no way be prejudiced by a misapplication thereof by the trustee. Other persons must at their peril see to the proper…

When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the ban…

If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or endorsed to his principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of his principal, the endorsee is n…

In any case not provided for in §§ 55-7-2 to 55-7-15 , inclusive, the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments and banking, shall continue to apply. Source: SL 1943, ch 19 , § 12; SDC …

The provisions of §§ 55-7-2 to 55-7-15 , inclusive, shall not apply to transactions taking place prior to July 1, 1943. Source: SL 1943, ch 19 , § 11; SDC Supp 1960, § 6.0711.

Sections 55-7-2 to 55-7-15 , inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them. Source: SL 1943, ch 19 , § 13; SDC Supp 1960, § 6.0713.

Sections 55-7-2 to 55-7-15 , inclusive, may be cited as the Uniform Fiduciaries Act. Source: SL 1943, ch 19 , § 14; SDC Supp 1960, § 6.0714.

Terms used in §§ 55-7-2 to 55-7-15 , inclusive, mean: (1) "Bank," any person or association of persons, whether incorporated or not, carrying on the business of banking; (2) "Fiduciary," any trustee under any trust, express, implied, resulting or constructive, personal representa…

A thing is done "in good faith" within the meaning of §§ 55-7-2 to 55-7-15 , inclusive, when it is in fact done honestly, whether it be done negligently or not. Source: SL 1943, ch 19 , § 1; SDC Supp 1960, § 6.0701 (2).

A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideratio…

If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as…

If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fidu…

If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless t…