reglab/housing_qa huggingface dataset:
SD Codified L § 55-19-5 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-5 - Terms-of-service agreement.

55-19-5. Terms-of-service agreement.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 for whom, or for whose estate, the fiduciary or designated recipient acts or represents.A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under §55-19-4. Source: SL 2017, ch 209, §5.
SD Codified L § 55-19-6 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-6 - Procedure for disclosing digital assets.

55-19-6. Procedure for disclosing digital assets.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 account sufficient to perform any task with which the fiduciary or designated recipient is charged; or(3)Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.A custodian need not disclose under this chapter a digital asset deleted by a user.If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: a subset limited by date of the user's digital assets; all of the user's digital assets to the fiduciary or designated recipient; none of the user's digital assets; or all of the user's digital assets to the court for review in camera. Source: SL 2017, ch 209, §6.
SD Codified L § 55-19-7 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-7 - Disclosure of content of electronic communications of deceased user.

55-19-7.Disclosure of content of electronic communications of deceased user.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 representative gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)A certified copy of the death certificate of the user;(3)A certified copy of the letter of appointment of the representative or a small estate affidavit or court order;(4)A copy of the user's will, trust, power of attorney, or other record that provides evidence of the user's consent to disclosure of the content of electronic communications, unless the user provided direction by utilizing an online tool; and(5)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;(b)Evidence linking the account to the user; or(c)A finding by the court that:(i)The user had a specific account with the custodian, identifiable by the information specified in this subdivision;(ii)Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., 47 U.S. C. Section 222, or other applicable law;(iii)Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or(iv)Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. Source: SL 2017, ch 209, §7.
SD Codified L § 55-19-8 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-8 - Disclosure of other digital assets of deceased user.

55-19-8. Disclosure of other digital assets of deceased user.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 the content of electronic communications, of the user, if the representative gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)A certified copy of the death certificate of the user;(3)A certified copy of the letter of appointment of the representative or a small estate affidavit or court order; and(4)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;(b)Evidence linking the account to the user;(c)An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or(d)A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (a) or that disclosure of the user's digital assets is reasonably necessary for administration of the estate. Source: SL 2017, ch 209, §8.
SD Codified L § 55-19-9 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-9 - Disclosure of content of electronic communications of principal.

55-19-9. Disclosure of content of electronic communications of principal.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 gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;(3)A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and(4)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or(b)Evidence linking the account to the principal. Source: SL 2017, ch 209, §9.
SD Codified L § 55-19-10 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-10 - Disclosure of other digital assets of principal.

55-19-10. Disclosure of other digital assets of principal.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 sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)An original or copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;(3)A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and(4)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or(b)Evidence linking the account to the principal. Source: SL 2017, ch 209, §10.
SD Codified L § 55-19-11 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-11 - Disclosure of digital assets held in trust when trustee is original user.

55-19-11. Disclosure of digital assets held in trust when trustee is original user.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 electronic communications. Source: SL 2017, ch 209, §11.
SD Codified L § 55-19-12 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-12 - Disclosure of contents of electronic communications held in trust when trustee not original user.

55-19-12. Disclosure of contents of electronic communications held in trust when trustee not original user.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, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)A certified copy of the trust instrument or a certification of the trust pursuant to §55-4-51 that includes consent to disclosure of the content of electronic communications to the trustee;(3)A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and(4)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or(b)Evidence linking the account to the trust. Source: SL 2017, ch 209, §12.
SD Codified L § 55-19-13 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-13 - Disclosure of other digital assets held in trust when trustee not original user.

55-19-13. Disclosure of other digital assets held in trust when trustee not original user.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, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)A certified copy of the trust instrument or a certification of the trust pursuant to §55-4-51;(3)A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and(4)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or(b)Evidence linking the account to the trust. Source: SL 2017, ch 209, §13.
SD Codified L § 55-19-14 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-14 - Disclosure of assets to conservator of protected person.

55-19-14. Disclosure of assets to conservator of protected person.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 communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:(1)A written request for disclosure in physical or electronic form;(2)A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and(3)If requested by the custodian:(a)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or(b)Evidence linking the account to the protected person. Source: SL 2017, ch 209, §14.
SD Codified L § 55-19-15 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-15 - Suspension or termination of account of protected person.

55-19-15. Suspension or termination of account of protected person.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 by a certified copy of the court order giving the conservator authority over the protected person's property. Source: SL 2017, ch 209, §15.
SD Codified L § 55-19-16 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-16 - Fiduciary duties.

55-19-16. Fiduciary duties.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.
SD Codified L § 55-19-17 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-17 - Fiduciary authority generally.

55-19-17. Fiduciary authority generally.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 of the fiduciary's duties, if a fiduciary; and(4)May not be used to impersonate the user. Source: SL 2017, ch 209, §17.
SD Codified L § 55-19-18 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-18 - Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement.

55-19-18. Fiduciary right of access to digital asset not held by custodian or subject to terms-of-service agreement.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 terms-of-service agreement. Source: SL 2017, ch 209, §18.
SD Codified L § 55-19-19 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-19 - Fiduciary as authorized user for purposes of computer fraud or unauthorized access law.

55-19-19. Fiduciary as authorized user for purposes of computer fraud or unauthorized access law.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.
SD Codified L § 55-19-20 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-20 - Fiduciary right of access to digital asset.

55-19-20. Fiduciary right of access to digital asset.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 access law. Source: SL 2017, ch 209, §20.
SD Codified L § 55-19-21 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-21 - Disclosure of information by custodian to fiduciary.

55-19-21. Disclosure of information by custodian to fiduciary.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.
SD Codified L § 55-19-22 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-22 - Request for termination of user's account.

55-19-22. Request for termination of user's account.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 certified copy of the letter of appointment of the representative or a small estate affidavit, court order, power of attorney, or trust giving the fiduciary authority over the account; and(3)If requested by the custodian, a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; evidence linking the account to the user; or a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in this subdivision. Source: SL 2017, ch 209, §22.
SD Codified L § 55-19-23 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-23 - Custodian compliance.

55-19-23.Custodian compliance.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 to a court for an order directing compliance if the custodian fails to comply with the fiduciary's request within sixty days. An order under this section directing compliance must contain a finding that compliance is not in violation of 18 U.S. C. Section 2702. Source: SL 2017, ch 209, §23.
SD Codified L § 55-19-24 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-24 - Custodian notice to user.

55-19-24. Custodian notice to user.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.
SD Codified L § 55-19-25 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-25 - Denial by custodian of request for disclosure or termination.

55-19-25. Denial by custodian of request for disclosure or termination.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, ch 209, §25.
SD Codified L § 55-19-26 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-26 - Custodian's ability to require court order.

55-19-26. Custodian's ability to require court order.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 there is sufficient consent from the protected person or principal to support the requested disclosure, and contains a finding required by law other than this chapter. Source: SL 2017, ch 209, §26.
SD Codified L § 55-19-27 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-27 - Custodian immunity.

55-19-27. Custodian immunity.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.
SD Codified L § 56-1-1 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 01 - Guaranty|Section 56-1-1 - Guaranty defined.

56-1-1. Guaranty defined.A guaranty is a promise to answer for the debt, default, or miscarriage of another person. Source: SDC 1939, §26.0101.
SD Codified L § 56-1-2 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 01 - Guaranty|Section 56-1-2 - Knowledge of principal unnecessary to creation of guaranty.

56-1-2. Knowledge of principal unnecessary to creation of guaranty.A person may become guarantor even without the knowledge or consent of the principal. Source: SDC 1939, §26.0102.
SD Codified L § 56-1-3 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 01 - Guaranty|Section 56-1-3 - Consideration--When required.

56-1-3. Consideration--When required.Where a guaranty is entered into at the same time with the original obligation or with the acceptance of the latter by the guarantee and forms, with that obligation, a part of the consideration to him, no other consideration need exist. In all other cases there must be a consideration distinct from that of the original obligation. Source: SDC 1939, §26.0103.
SD Codified L § 56-1-4 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 01 - Guaranty|Section 56-1-4 - Requirements as to writing--Signature of guarantor--Expression of consideration unnecessary.

56-1-4. Requirements as to writing--Signature of guarantor--Expression of consideration unnecessary.Except as prescribed by §§56-1-5 to 56-1-9, inclusive, a guaranty must be in writing and signed by the guarantor; but the writing need not express a consideration. Source: SDC 1939, §26.0104.
SD Codified L § 56-1-5 (2021)
2021 South Dakota Codified Laws|Title 56 - Guaranty, Suretyship and Indemnity|Chapter 01 - Guaranty|Section 56-1-5 - Promise for consideration to answer for obligation of another--Writing unnecessary.

56-1-5. Promise for consideration to answer for obligation of another--Writing unnecessary.A promise to answer for the obligation of another is deemed an original obligation of the promiser and need not be in writing where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a discharge from an obligation in whole or in part in consideration of such promise. Source: SDC 1939, §26.0105 (1).