Title 59 — AGENCY

Notwithstanding § 59-7-2, a principal may designate another as the principal's attorney-in-fact or agent pursuant to the provisions of §

Source: SL 1977, ch 418 , § 2; SL 2020, ch 214 , § 54.

Source: SL 1977, ch 418 , § 3; SL 2020, ch 214 , § 55.

A principal may nominate by a durable power of attorney for health care a guardian of the principal's person or conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal execut…

The attorney-in-fact or agent may make any health care decisions for the principal which the principal could make individually if the principal had decisional capacity. However, all such decisions shall be made in accordance with accepted medical standards. Whenever making any he…

The attorney - in - fact or agent may not make a health care decision in any situation in which the principal's attending physician has determined in good faith that the principal has decisional capacity. The attending physician shall proceed as if there were no designation if th…

The attorney-in-fact or agent may not authorize the withholding or withdrawal of comfort care from the principal. The attorney-in-fact or agent may authorize that artificial nutrition or hydration be withheld or withdrawn if one or more of the following exist: (1) Artificial nutr…

Notwithstanding the designation of a health care attorney - in - fact or agent, life - sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart …

Source: SL 1945, ch 181 , § 1; SDC Supp 1960, § 3.0110; SL 1977, ch 418 , § 5; SL 2020, ch 214 , § 56.

Source: SL 1945, ch 181 , § 2; SDC Supp 1960, § 3.0111; SL 1977, ch 418 , § 6; SL 2020, ch 214 , § 57.

Source: SL 1945, ch 181 , § 3; SDC Supp 1960, § 3.0112; SL 2020, ch 214 , § 58.

Source: SL 1945, ch 181 , § 4; SDC Supp 1960, § 3.0113; SL 2020, ch 214 , § 59.

Source: SL 1945, ch 181 , § 5; SDC Supp 1960, § 3.0114; SL 2020, ch 214 , § 60.

A physician or other health care provider as defined in subdivision 34-12C-1 (5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care deci…

All acts done by an agent pursuant to a durable power of attorney have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if done by the principal. Unless the instrument states a time of termination, the authority of t…

An auctioneer in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows: (1) To sell by public auction to the highest bidder; (2) To sell for cash only, except such articles as are usually sold on credit at auction; (3) To wa…

An auctioneer has authority from a bidder at the auction as well as from the seller to bind both by a memorandum wherever a written memorandum is required, by any statute or by usage, to make a valid contract of sale and such memorandum must be in the form and content prescribed.…

A factor is an agent, who, in the pursuit of an independent calling, is employed to buy or sell property in his own name, and is entrusted by his principal with the possession or control of the property, or authorized to receive payment therefor from the purchaser. Source: CivC 1…

A factor must obey the instructions of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may neverthel…

A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility f…

A factor who receives property for sale under a general agreement or usage to guarantee sales or the remittance of the proceeds, cannot relieve himself from responsibility therefor without consent of his principal. Source: CivC 1877, § 1172; CL 1887, § 3795; RCivC 1903, § 1491; R…

In addition to the authority of agents in general, a factor has actual authority from his principal unless specially restricted to sell on such credit as is usual anything entrusted to him for sale excepting such things as it is contrary to usage to sell on credit, but having onc…

In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted, to insure property consigned to him uninsured. Source: CivC 1877, § 1388, subdiv 2; CL 1887, § 4011, subdiv 2; RCivC 1903, § 1707, subdiv 2; RC 1919, …

In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted, to delegate his authority to his partner or servant, but not to any person in an independent calling. Source: CivC 1877, § 1388, subdiv 3; CL 1887, § …

A factor has ostensible authority to deal with the property of his principal as his own in transactions with persons not having notice of the actual ownership. Source: CivC 1877, § 1389; CL 1887, § 4012; RCivC 1903, § 1708; RC 1919, § 1294; SDC 1939, § 3.0603.

This chapter may be cited as the Uniform Athlete Agents Act. Source: SL 2006, ch 265 , § 1.

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agen…

(a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic d…

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancel…

(a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in t…

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student-athlete before the…

An athlete agent who violates § 59-10-14 is guilty of a Class 6 felony. Source: SL 2006, ch 265 , § 15.

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Dama…

The secretary of the Department of Labor and Regulation may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars for a violation of this chapter. All moneys received pursuant to this section shall be deposited in the state general fund. Sourc…

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2006, ch 265 , § 18.

The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in G…

In this chapter: (1) "Agency contract," an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract; (2) "Athlete agent," an individual who enters into an a…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

(a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. (b) The secretary of …

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under § 59-10-6 or

(a) An applicant for registration shall submit an application for registration to the secretary of state in a form prescribed by the secretary of state. An application filed under this section is a public record. The application must be in the name of an individual and, except as…

(a) Except as otherwise provided in subsection (b), the secretary of the Department of Labor and Regulation shall issue a certificate of registration to an individual who complies with subdivision 59-10-5(a) or whose application has been accepted under subdivision 59-10-5(b). The…

(a) The secretary of the Department of Labor and Regulation may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subdivision 59-10-6(b). (b) The secretary of the Department of Labor and Regulation may deny, susp…

The secretary of the Department of Labor and Regulation may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. Source: SL 2006, ch 265 , § 8; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.

An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) One hundred dollars for an initial application for registration; (2) Fifty dollars for an application for registration based upon a certificate of registration or …

This chapter may be cited as the Model Registered Agents Act. Source: SL 2008, ch 275 , § 1.

When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new regi…

A represented entity may change the information currently on file under § 59-11-6 by filing with the secretary of state a statement of change signed on behalf of the entity which states: (1) The name of the entity; and (2) The information that is to be in effect as a result of th…

If a noncommercial registered agent changes its name or its address as currently in effect with respect to a represented entity pursuant to § 59-11-6 , the agent shall file with the secretary of state, with respect to each entity represented by the agent, a statement of change si…

If a commercial registered agent changes its name, its address as currently listed under § 59-11-7 , or its type or jurisdiction of organization, the agent shall file with the secretary of state a statement of change signed by or on behalf of the agent which states: (1) The name …