reglab/housing_qa huggingface dataset:
SD Codified L § 47-14A-40 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-40 - Dissolution of series need not cause dissolution of trust--Series dissolution determined by governing instrument--Death or incapacity of beneficial owner need not terminate series.

47-14A-40. Dissolution of series need not cause dissolution of trust--Series dissolution determined by governing instrument--Death or incapacity of beneficial owner need not terminate series.Except to the extent otherwise provided in the governing instrument of the business trust, a series established in accordance with this chapter may be dissolved and its affairs wound up without causing the dissolution of the business trust or any other series thereof. Unless otherwise provided in the governing instrument of the business trust, the dissolution, winding up, liquidation or termination of the business trust or any series thereof shall not affect the limitation of liability with respect to a series established in accordance with this chapter. A series established in accordance with this chapter is dissolved and its affairs shall be wound up at the time or upon the happening of events specified in the governing instrument of the business trust. Except to the extent otherwise provided in the governing instrument of a business trust, the death, incapacity, dissolution, termination, or bankruptcy of a beneficial owner of such series shall not result in the termination or dissolution of such series and such series may not be terminated or revoked by a beneficial owner of such series or other person except in accordance with the terms of the governing instrument of the business trust. Source: SL 2001, ch 245, §40.
SD Codified L § 47-14A-41 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-41 - Powers of trust series managers upon dissolution of series--Liability.

47-14A-41. Powers of trust series managers upon dissolution of series--Liability.Upon dissolution of a series of a business trust, the persons who under the governing instrument of the business trust are responsible for winding up such series affairs may, in the name of the business trust and for and on behalf of the business trust and such series, take all actions with respect to the series as are permitted under §47-14A-38 and shall provide for the claims and obligations of the series and distribute the assets of the series as provided under §47-14A-39. Any person, including any trustee, who under the governing instrument is responsible for winding up such series affairs who has complied with §47-14A-39 is not personally liable to the claimants of the dissolved series by reason of such person's actions in winding up the series. Source: SL 2001, ch 245, §41.
SD Codified L § 47-14A-42 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-42 - Laws applicable to business trusts.

47-14A-42. Laws applicable to business trusts.Except to the extent otherwise provided in the governing instrument of a business trust or in this section, the laws of this state pertaining to trusts are hereby made applicable to business trusts. However, for purposes of any tax imposed by this state or any instrumentality, agency or political subdivision of this state a business trust shall be classified as a corporation, an association, a partnership, a trust, or otherwise, as shall be determined under the United States Internal Revenue Code of 1986, as amended, or under any successor provision. Source: SL 2001, ch 245, §42.
SD Codified L § 47-14A-43 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-43 - Certificate of trust to be filed with secretary--Contents--Trust formed upon filing.

47-14A-43. Certificate of trust to be filed with secretary--Contents--Trust formed upon filing.Every business trust shall file a certificate of trust in the Office of the Secretary of State. The certificate of trust shall set forth:(1)The name of the business trust;(2)The name and the business address of at least one of the trustees meeting the requirements of this chapter;(3)The future effective date or time (which shall be a date or time certain) of effectiveness of the certificate if it is not to be effective upon the filing of the certificate; and(4)Any other information the trustees determine to include therein.A business trust is formed at the time of the filing of the initial certificate of trust in the Office of the Secretary of State or at any later date or time specified in the certificate of trust if, in either case, there has been substantial compliance with the requirements of this section. Source: SL 2001, ch 245, §43.
SD Codified L § 47-14A-44 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-44 - Certificate of amendment--Contents--Certificate of trust may be freely amended.

47-14A-44. Certificate of amendment--Contents--Certificate of trust may be freely amended.A certificate of trust may be amended by filing a certificate of amendment thereto in the Office of the Secretary of State. The certificate of amendment shall set forth:(1)The name of the business trust;(2)The amendment to the certificate; and(3)The future effective date or time (which shall be a date or time certain) of effectiveness of the certificate if it is not to be effective upon the filing of the certificate.Except to the extent otherwise provided in the certificate of trust or in the governing instrument of a business trust, a certificate of trust may be amended at any time for any purpose as the trustees may determine. A trustee who becomes aware that any statement in a certificate of trust was false when made or that any matter described has changed making the certificate false in any material respect shall promptly file a certificate of amendment. Source: SL 2001, ch 245, §44.
SD Codified L § 47-14A-45 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-45 - Restated certificate of trust integrating all amendments--Contents.

47-14A-45. Restated certificate of trust integrating all amendments--Contents.A certificate of trust may be restated by integrating into a single instrument all of the provisions of the certificate of trust which are then in effect and operative as a result of there having been theretofore filed one or more certificates of amendment pursuant to §47-14A-44, and the certificate of trust may be amended or further amended by the filing of a restated certificate of trust. The restated certificate of trust shall be specifically designated as such in its heading and shall set forth:(1)The present name of the business trust, and if it has been changed, the name under which the business trust was originally formed;(2)The date of filing of the original certificate of trust with the secretary of state;(3)The information required to be included pursuant to subsection (a) of this section; and(4)Any other information the trustees determine to include therein.A certificate of trust may be restated at any time for any purpose as the trustees may determine. A trustee who becomes aware that any statement in a restated certificate of trust was false when made or that any matter described has changed making the restated certificate false in any material respect shall promptly file a certificate of amendment or a restated certificate of trust. Source: SL 2001, ch 245, §45.
SD Codified L § 47-14A-46 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-46 - Certificate of cancellation to be filed upon termination of trust--Contents.

47-14A-46. Certificate of cancellation to be filed upon termination of trust--Contents.A certificate of trust shall be cancelled upon the completion of winding up of the business trust and its termination. A certificate of cancellation shall be filed in the Office of the Secretary of State and set forth:(1)The name of the business trust;(2)The date of filing of its certificate of trust;(3)The future effective date or time (which shall be a date or time certain) of cancellation if it is not to be effective upon the filing of the certificate; and(4)Any other information the trustee determines to include therein. Source: SL 2001, ch 245, §46.
SD Codified L § 47-14A-47 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-47 - Certificate of correction or corrected certificate of trust to be filed to correct defective information--Contents--Effective date.

47-14A-47. Certificate of correction or corrected certificate of trust to be filed to correct defective information--Contents--Effective date.Whenever any certificate authorized to be filed with the Office of the Secretary of State under this section has been so filed and is an inaccurate record of the action therein referred to or was defectively or erroneously executed, such certificate may be corrected by filing with the Office of the Secretary of State a certificate of correction of such certificate. The certificate of correction shall specify the inaccuracy or defect to be corrected, shall set forth the portion of the certificate in corrected form and shall be executed and filed as required by this chapter. In lieu of filing a certificate of correction, the certificate may be corrected by filing with the Office of the Secretary of State a corrected certificate which shall be executed and filed in accordance with this section. The corrected certificate shall be specifically designated as such in its heading, shall specify the inaccuracy or defect to be corrected and shall set forth the entire certificate in corrected form. The corrected certificate shall be effective as of the date the original certificate was filed, except as to those persons who are substantially and adversely affected by the corrections, and as to those persons the corrected certificate shall be effective from the filing date. Source: SL 2001, ch 245, §47.
SD Codified L § 47-14A-48 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-48 - Termination of certificate containing future effective date.

47-14A-48. Termination of certificate containing future effective date.If any certificate filed in accordance with this chapter provides for a future effective date or time and if the transaction is terminated or amended to change the future effective date or time prior to the future effective date or time, the certificate shall be terminated or amended by the filing, prior to the future effective date or time set forth in such original certificate, of a certificate of termination or amendment of the original certificate, executed and filed in accordance with this section, which shall identify the original certificate which has been terminated or amended and shall state that the original certificate has been terminated or amended. Source: SL 2001, ch 245, §48.
SD Codified L § 47-14A-49 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-49 - Execution of certificates.

47-14A-49. Execution of certificates.Each certificate required by this section to be filed in the Office of the Secretary of State shall be executed in the following manner:(1)A certificate of trust or a certificate of conversion must be signed by all of the trustees;(2)A certificate of amendment, a certificate of correction, a certificate of termination or amendment, and a restated certificate of trust must be signed by at least one of the trustees;(3)A certificate of cancellation must be signed by all of the trustees or as otherwise provided in the governing instrument of the business trust; and(4)If a business trust is filing a certificate of merger or consolidation or certificate of termination or amendment of a merger or consolidation, the certificate of merger or consolidation or certificate of termination or amendment of a merger or consolidation must be signed by all of the trustees or as otherwise provided in the governing instrument of the business trust, or if the certificate of merger or consolidation or certificate of termination or amendment of a merger or consolidation is being filed by another business entity, the certificate of merger or consolidation or certificate of termination or amendment of a merger or consolidation must be signed by a person authorized to execute such instrument on behalf of such other business entity. Source: SL 2001, ch 245, §49.
SD Codified L § 47-14A-50 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-50 - Execution by agent--Authorization of agent.

47-14A-50. Execution by agent--Authorization of agent.Unless otherwise provided in the governing instrument, any person may sign any certificate or amendment thereof or enter into a governing instrument or amendment thereof by any agent, including any attorney-in-fact. An authorization, including a power of attorney, to sign any certificate or amendment thereof or to enter into a governing instrument or amendment thereof need not be in writing, need not be sworn to, verified, or acknowledged and need not be filed in the Office of the Secretary of State, but if in writing, shall be retained by the business trust or a trustee or other person authorized to manage the business and affairs of the business trust. Source: SL 2001, ch 245, §50.
SD Codified L § 47-14A-51 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-51 - Execution of certificate by trustee constitutes oath as to truth of contents.

47-14A-51. Execution of certificate by trustee constitutes oath as to truth of contents.The execution of a certificate by a trustee constitutes an oath or affirmation, under the penalties of perjury, that, to the best of the trustee's knowledge and belief, the facts stated therein are true. Source: SL 2001, ch 245, §51.
SD Codified L § 47-14A-52 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-52 - Certificates to be delivered to secretary's office--Duties of secretary upon receipt of filing.

47-14A-52. Certificates to be delivered to secretary's office--Duties of secretary upon receipt of filing.Any certificate authorized to be filed with the Office of the Secretary of State under this section (or any judicial decree of amendment or cancellation) shall be delivered to the Office of the Secretary of State for filing. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of the person's authority as a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law the secretary of state shall:(1)Certify that the certificate (or any judicial decree of amendment or cancellation) has been filed in the secretary of state's office by endorsing upon the filed certificate (or judicial decree) the word, filed, and the date and hour of the filing. This endorsement is conclusive of the date and time of its filing in the absence of actual fraud;(2)File and index the endorsed certificate (or judicial decree); and(3)Prepare and return to the person who filed it or the person's representative a copy of the filed certificate (or judicial decree), similarly endorsed, and shall certify such copy as a true copy of the filed certificate (or judicial decree). Source: SL 2001, ch 245, §52.
SD Codified L § 47-14A-53 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-53 - Certificates effective upon filing or upon effective date contained in certificate.

47-14A-53. Certificates effective upon filing or upon effective date contained in certificate.Upon the filing of a certificate of trust in the Office of the Secretary of State, or upon the future effective date or time of a certificate of trust as provided for therein, the certificate of trust shall be effective. Upon the filing of a certificate of amendment (or judicial decree of amendment), certificate of correction, corrected certificate, or restated certificate in the Office of the Secretary of State, or upon the future effective date or time of a certificate of amendment (or judicial decree of amendment) or restated certificate as provided for therein, the certificate of trust shall be amended or restated as set forth therein. Upon the filing of a certificate of cancellation (or a judicial decree thereof) or a certificate of merger or consolidation which acts as a certificate of cancellation in the Office of the Secretary of State, or upon the future effective date or time of a certificate of cancellation (or a judicial decree thereof) or a certificate of merger or consolidation which acts as a certificate of cancellation, as provided for therein, the certificate of trust shall be canceled. Upon the filing of a certificate of termination or amendment, the original certificate identified in the certificate of termination or amendment shall be terminated or amended, as the case may be. Source: SL 2001, ch 245, §53.
SD Codified L § 47-14A-54 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-54 - Fees paid at request of secretary or upon filing of certificate.

47-14A-54. Fees paid at request of secretary or upon filing of certificate.Any fee set forth in §47-14A-57 shall be paid at the request of the secretary of state or at the time of the filing of a certificate of trust, a certificate of amendment, a certificate of correction, a corrected certificate, a certificate of termination or amendment, a certificate of cancellation, a certificate of merger or consolidation, or a restated certificate. Source: SL 2001, ch 245, §54.
SD Codified L § 47-14A-55 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-55 - Signature may be facsimile or electronically transmitted--Certificate may be electronically transmitted.

47-14A-55. Signature may be facsimile or electronically transmitted--Certificate may be electronically transmitted.Any signature on any certificate authorized to be filed with the secretary of state under any provision of this section may be a facsimile, a conformed signature or an electronically transmitted signature. Any such certificate may be filed by telecopy, fax, or similar electronic transmission. However, the secretary of state need not accept such filing if such certificate is illegible or otherwise unsuitable for processing. Source: SL 2001, ch 245, §55.
SD Codified L § 47-14A-56 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-56 - Certificate of trust on file with secretary is notice of business trust.

47-14A-56. Certificate of trust on file with secretary is notice of business trust.The fact that a certificate of trust is on file in the Office of the Secretary of State is notice that the entity formed in connection with the filing of the certificate of trust is a business trust formed under the laws of the state and is notice of all other facts set forth therein which are required to be set forth in a certificate of trust by §47-14A-43 and is notice of the limitation on liability of a series of a business trust which is permitted to be set forth in a certificate of trust. Source: SL 2001, ch 245, §56.
SD Codified L § 47-14A-57 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-57 - Fees-Documents not effective until fee paid.

47-14A-57. Fees-Documents not effective until fee paid.No document required to be filed under this section is effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the secretary of state for the use of the state:(1)Application for reservation of name, $50;(2)Application for renewal of reservation, $50;(3)Notice of transfer or cancellation of reservation, $50;(4)Certificate of trust, $125;(5)Certificate of amendment, $125;(6)Certificate of cancellation, $125;(7)Certificate of merger or consolidation, $125;(8)Certificate of correction, $125;(9)Certificate of termination or amendment or a restated certificate, $125; and(10)All other certificates filed under this chapter, $50. Source: SL 2001, ch 245, §57; SL 2009, ch 4, §13.
SD Codified L § 47-14A-58 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-58 - Name of business trust to be distinguishable from other businesses--Exception.

47-14A-58. Name of business trust to be distinguishable from other businesses--Exception.The name of each business trust as set forth in its certificate of trust shall be such as to distinguish it upon the records of the Office of the Secretary of State from the name of any corporation, limited partnership, business trust, or limited liability company reserved, registered, formed, or organized under the laws of this state or qualified to do business or registered as a foreign corporation, foreign limited partnership, foreign business trust, or foreign limited liability company in this state. However, a business trust may register under any name which is not such as to distinguish it upon the records of the Office of the Secretary of State from the name of any domestic or foreign corporation, limited partnership, business trust, or limited liability company reserved, registered, formed, or organized under the laws of this state with the written consent of the other corporation, limited partnership, business trust, or limited liability company, which written consent shall be filed with the secretary of state. Source: SL 2001, ch 245, §58.
SD Codified L § 47-14A-59 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-59 - Name of person in name of business trust.

47-14A-59. Name of person in name of business trust.The name of each business trust as set forth in its certificate of trust may contain the name of a beneficial owner, a trustee or any other person. Source: SL 2001, ch 245, §59.
SD Codified L § 47-14A-60 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-60 - Terms contained in name of business trust.

47-14A-60. Terms contained in name of business trust.The name of each business trust, as set forth in its certificate of trust, may contain the following words: company, association, club, foundation, fund, institute, society, union, syndicate, limited or trust (or abbreviations of like import). Source: SL 2001, ch 245, §60.
SD Codified L § 47-14A-61 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-61 - Reservation of name.

47-14A-61. Reservation of name.The exclusive right to the use of a name may be reserved by any person intending to form a business trust and to adopt that name or any business trust registered in this state which proposes to change its name. Source: SL 2001, ch 245, §61.