reglab/housing_qa huggingface dataset:
SD Codified L § 59-11-16 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-16 - Service of process on entities.

59-11-16. Service of process on entities.A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office may be as shown in the most recent annual report filed with the secretary of state. Service is perfected under this section at the earliest of:(1)The date the entity receives the mail;(2)The date shown on the return receipt, if signed on behalf of the entity; or(3)Five days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage. Source: SL 2008, ch 275, §16.
SD Codified L § 59-11-17 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-17 - Alternative service of process.

59-11-17. Alternative service of process.If process, notice, or demand cannot be served on an entity pursuant to §59-11-16, service of process may be made by handing a copy to the manager, clerk, or other person in charge of any regular place of business or activity of the entity if the person served is not a plaintiff in the action. Source: SL 2008, ch 275, §17.
SD Codified L § 59-11-18 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-18 - Forms of service.

59-11-18. Forms of service.Service of process, notice, or demand on a registered agent must be in the form of a written document, except that service may be made on a commercial registered agent in such other forms of a record, and subject to such requirements as the agent has stated from time to time in its listing under §59-11-7 that it will accept. Source: SL 2008, ch 275, §18.
SD Codified L § 59-11-19 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-19 - Perfection of service.

59-11-19. Perfection of service.Service of process, notice, or demand may be perfected by any other means prescribed by law other than this chapter. Source: SL 2008, ch 275, §19.
SD Codified L § 59-11-20 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-20 - Duties of registered agent.

59-11-20. Duties of registered agent.The only duties under this chapter of a registered agent that has complied with this chapter are:(1)To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand that is served on the agent;(2)To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;(3)If the agent is a noncommercial registered agent, to keep current the information required by §59-11-6 in the most recent registered agent filing for the entity; and(4)If the agent is a commercial registered agent, to keep current the information listed for it under §59-11-7. Source: SL 2008, ch 275, §20.
SD Codified L § 59-11-21 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-21 - Jurisdiction and venue.

59-11-21. Jurisdiction and venue.The appointment or maintenance in this state of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this state. The address of the agent does not determine venue in an action or proceeding involving the entity. Source: SL 2008, ch 275, §21.
SD Codified L § 59-11-22 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-22 - Consistency of application.

59-11-22. Consistency of application.In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it. Source: SL 2008, ch 275, §22.
SD Codified L § 59-11-23 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-23 - Relation to Electronic Signatures in Global and National Commerce Act.

59-11-23.Relation to Electronic Signatures in Global and National Commerce Act.This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize delivery of any of the notices described in Section 103(b) of that act, 15 U.S. C. Section 7003(b). Source: SL 2008, ch 275, §23.
SD Codified L § 59-11-24 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-24 - Annual report.

59-11-24. Annual report.Each filing entity or qualified foreign entity, except a bank organized under §51A-3-1.1, a limited partnership organized pursuant to chapter 48-7, or a series of a limited liability company established under §§47-34A-701 through 47-34A-707 shall deliver to the Office of the Secretary of State for filing an annual report that sets forth:(1)The name of the filing entity or qualified foreign entity;(2)The jurisdiction under whose law it is formed;(3)The address of its principal office, wherever located;(4)The information required by §59-11-6; and(5)The names and business addresses of its governors except in the following two cases:(a)If a business corporation has eliminated its board of directors pursuant to §47-1A-732, the annual report shall set forth the names of the shareholders instead; and(b)If a limited liability company is member-managed, the names and business addresses of its governors need not be set forth.Information in the annual report must be current as of the date the annual report is executed on behalf of the filing entity or qualified foreign entity. Any other provisions of law notwithstanding the annual report may be executed by any authorized person. Any amendment filed is a supplement to, and not in place of, the annual filing required by this section. Source: SL 2008, ch 275, § 24; SL 2015, ch 258, § 4, eff. Jan. 1, 2016; SL 2020, ch 200, § 13, eff. Nov. 15, 2020.
SD Codified L § 59-11-24.1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-24.1 - Voluntary disclosure of beneficial interests.

59-11-24.1. Voluntary disclosure of beneficial interests.In addition to filing an annual report pursuant to §59-11-24, a filing entity may include in its annual report a statement of voluntary disclosure of beneficial interests. Source: SL 2015, ch 258, §1, eff. Jan. 1, 2016.
SD Codified L § 59-11-25 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-25 - Time for filing annual report.

59-11-25. Time for filing annual report.The first annual report shall be delivered to the Office of the Secretary of State before the first day of the second month of the year following the year in which a filing entity or qualified foreign entity, except a bank organized pursuant to §51A-3-1.1 and limited partnership organized pursuant to chapter 48-7, was authorized to transact business. The subsequent annual report shall be delivered to the Office of the Secretary of State by the same date each subsequent year. Source: SL 2008, ch 275, §25.
SD Codified L § 59-11-26 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-26 - Correction of annual report.

59-11-26. Correction of annual report.If an annual report does not contain the information required by §59-11-24, the secretary of state shall promptly notify the filing entity or qualified foreign entity in writing and return the report to it for correction. If the report is corrected to contain the information required by §59-11-24 and delivered to the Office of the Secretary of State within thirty days after the effective date of notice, it is deemed to be timely filed. Source: SL 2008, ch 275, §26.
SD Codified L § 59-11-27 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-27 - Civil penalty for false documents.

59-11-27. Civil penalty for false documents.No person may execute an annual report, a statement of change, or an annual farm report knowing it is false in any material respect. Any violation of this section is subject to a civil penalty not to exceed five hundred dollars. Source: SL 2010, ch 246, §2.
SD Codified L § 59-11-28 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 11 - Model Registered Agents Act|Section 59-11-28 - Submission by electronic means.

59-11-28. Submission by electronic means.Any annual report, statement of change, and annual farm report may be submitted by electronic means. Source: SL 2010, ch 246, §3.
SD Codified L § 59-12-2 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-2 - Applicability.

59-12-2. Applicability.This chapter applies to all powers of attorney other than:(1)A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;(2)A power to make health care decisions;(3)A proxy or other delegation to exercise voting rights or management rights with respect to an entity; or(4)A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. Source: SL 2020, ch 214, § 2.
SD Codified L § 59-12-3 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-3 - Durable power of attorney.

59-12-3. Durable power of attorney.If a principal designates another as the principal’s agent by a written power of attorney which contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s disability, the authority of the power of attorney is exercisable by the agent as provided in the power of attorney on behalf of the principal notwithstanding any later disability or incapacity of the principal or later uncertainty as to whether or not the principal is dead or alive. Source: SL 2020, ch 214, § 3.
SD Codified L § 59-12-4 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-4 - Execution of power of attorney.

59-12-4. Execution of power of attorney.A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments. Source: SL 2020, ch 214, § 4.
SD Codified L § 59-12-5 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-5 - Validity of power of attorney.

59-12-5. Validity of power of attorney.(1)A power of attorney executed in this state on or after July 1, 2020, is valid if its execution complies with §59-12-4.(2)A power of attorney executed in this state before July 1, 2020, is valid if its execution complied with the law of this state as it existed at the time of execution.(3)A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:(a)The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to §59-12-6; or(b)The requirements for a military power of attorney pursuant to 10 U.S.C. §1044(b).(4)Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Source: SL 2020, ch 214, § 5.
SD Codified L § 59-12-6 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-6 - Meaning and effect of power of attorney.

59-12-6. Meaning and effect of power of attorney.The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. Source: SL 2020, ch 214, § 6.
SD Codified L § 59-12-7 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-7 - Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.

59-12-7. Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.(1)In a power of attorney, a principal may nominate a conservator or guardian for consideration by the court. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. A guardian appointed under this section shall be subject to the provisions of §59-7-11.(2)If, after a principal executes a power of attorney, a court appoints a conservator or other fiduciary charged with the management of some or all of the principal's property, the power of attorney is terminated and the agent shall account to the conservator or other court-appointed fiduciary and promptly deliver any property of the principal in the agent's possession to the conservator or other court-appointed fiduciary unless otherwise ordered by the court. Source: SL 2020, ch 214, § 7.
SD Codified L § 59-12-8 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-8 - When power of attorney effective.

59-12-8. When power of attorney effective.(1)A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.(2)If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.(3)If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:(a)A physician or licensed psychologist that the principal is incapacitated within the meaning in §59-12-1; or(b)An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning in §59-12-1.(4)A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. §1320(d), and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider. Source: SL 2020, ch 214, § 8.
SD Codified L § 59-12-9 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-9 - Termination of power of attorney or agent's authority.

59-12-9. Termination of power of attorney or agent's authority.(1)A power of attorney terminates when:(a)The principal dies;(b)The principal becomes incapacitated, if the power of attorney is not durable;(c)The principal revokes the power of attorney;(d)The power of attorney provides that it terminates;(e)The purpose of a limited or special power of attorney is accomplished;(f)The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or(g)Pursuant to subdivision 59-12-7(2).(2)An agent's authority terminates when:(a)The principal revokes the authority;(b)The agent dies, becomes incapacitated, or resigns;(c)An action is filed for divorce or annulment of the agent's marriage to the principal, or for their legal separation, or for a protection order, unless the power of attorney otherwise provides;(d)The power of attorney terminates.(3)Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subdivision (2) of this section, notwithstanding a lapse of time since the execution of the power of attorney.(4)Termination of an agent's authority or of a power of attorney is not effective as to the agent or any other person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act performed under this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.(5)Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act performed under this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.(6)The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. Source: SL 2020, ch 214, § 9.
SD Codified L § 59-12-10 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-10 - Coagents and successor agents.

59-12-10. Coagents and successor agents.(1)A principal may designate two or more persons to act as co-agents. If two or more persons are appointed as co-agents, and unless the power of attorney otherwise provides, the concurrence of a majority is required on all acts connected with the power of attorney. This restriction does not apply when any co-agent receives and receipts for property due the principal, when the concurrence of a majority cannot readily be obtained in the time reasonably available for emergency action necessary to act in the principal’s best interest, or when a co-agent has been delegated to act for others as provided in §59-12-23. Persons dealing with a co-agent if actually unaware that another has been appointed to serve or if advised by the agent with whom they deal that the agent has authority to act alone for any of the reasons mentioned herein, are fully protected as if the person with whom they dealt has been the sole agent.(2)A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:(a)Has the same authority granted to the original agent; and(b)May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.(3)Except as otherwise provided in the power of attorney and subdivision (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.(4)An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subdivision is liable for any reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken any action under this section. Source: SL 2020, ch 214, § 10.
SD Codified L § 59-12-11 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-11 - Reimbursement and compensation of agent.

59-12-11. Reimbursement and compensation of agent.An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. An agent is entitled to reasonable compensation for services rendered on behalf of the principal unless the power of attorney otherwise provides. Any compensation shall be reasonable under the circumstances. Source: SL 2020, ch 214, § 11.
SD Codified L § 59-12-12 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-12 - Agent's acceptance.

59-12-12. Agent's acceptance.Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. Source: SL 2020, ch 214, § 12.
SD Codified L § 59-12-14 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-14 - Exoneration of agent.

59-12-14. Exoneration of agent.A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:(1)Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or(2)Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. Source: SL 2020, ch 214, § 14.
SD Codified L § 59-12-15 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-15 - Judicial relief.

59-12-15. Judicial relief.(1)In addition to any petition under chapter 21-65, the following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:(a)The principal or the agent;(b)A guardian, conservator, or other fiduciary acting for the principal;(c)A person authorized to make health care decisions for the principal;(d)The principal's spouse, parent, or descendant;(e)An individual who would qualify as a presumptive heir of the principal;(f)A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;(g)A governmental agency having regulatory authority to protect the welfare of the principal;(h)The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and(i)A person asked to accept the power of attorney.(2)Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. Source: SL 2020, ch 214, § 15.