reglab/housing_qa huggingface dataset:
SD Codified L § 55-17-13 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 17 - Special Spousal Trusts|Section 55-17-13 - Bona fide purchaser defined.

55-17-13. Bona fide purchaser defined.For purposes of §55-17-12, the term, bona fide purchaser, means a purchaser of property for value who has not knowingly been a party to fraud or illegality affecting the interest of the spouses or other parties to the transaction, does not have notice of an adverse claim by a spouse, and has acted in the transaction in good faith.For purposes of this section, the term, purchaser, means a person who acquires property by sale, lease, discount, negotiation, mortgage, pledge, or lien, or otherwise deals with property in a voluntary transaction other than making a gift.A purchaser gives value for property if the property is acquired:(1)In return for a binding commitment to extend credit;(2)As security for or in total or partial satisfaction of a preexisting claim;(3)By accepting delivery under a preexisting contract for purchase; or(4)In return for other consideration sufficient to support a contract. Source: SL 2016, ch 231, §41.
SD Codified L § 55-17-14 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 17 - Special Spousal Trusts|Section 55-17-14 - Unenforceable trusts.

55-17-14. Unenforceable trusts.A South Dakota special spousal trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:(1)The trust was unconscionable when made;(2)The spouse against whom enforcement is sought did not execute the South Dakota special spousal trust agreement voluntarily; or(3)Before execution of the South Dakota special spousal trust agreement, the spouse against whom enforcement is sought:(a)Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse;(b)Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided; and(c)Did not have notice of the property or financial obligations of the other spouse.Whether a South Dakota special spousal trust is unconscionable is determined by a court as a matter of law. Source: SL 2016, ch 231, §42.
SD Codified L § 55-18-2 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-2 - Application of chapter to proceedings involving persons interested in trust.

55-18-2. Application of chapter to proceedings involving persons interested in trust.Notwithstanding the provisions of §15-6-17(c), the provisions of this chapter apply to any proceeding involving any person interested in a trust. Source: SL 2017, ch 208, §1.
SD Codified L § 55-18-3 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-3 - Effect of provisions of chapter.

55-18-3. Effect of provisions of chapter.In any proceeding:(1)Any notice, governing instrument, accounting, report, or other information which is provided to a representative has the same effect as if the same was given to the person represented;(2)The consent of a representative has the same effect as if the person represented had consented;(3)A representative may otherwise bind the person represented; and(4)A finding, decree, judgment, ruling, or order in a judicial proceeding is binding and conclusive on all persons upon whom notice or service of process is not required pursuant to this chapter. Source: SL 2017, ch 208, §3.
SD Codified L § 55-18-4 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-4 - Conditions under which representative may not bind person represented.

55-18-4. Conditions under which representative may not bind person represented.Notwithstanding the provisions of §55-18-3, no representative may bind the person represented if, prior to the representative binding the person in the matter in question:(1)The court finds that the person cannot be adequately represented pursuant to §55-18-19;(2)The representative refuses to act pursuant to §55-18-11;(3)The representative has been removed by a person with power to remove the representative; or(4)The represented person notifies:(a)The trustee;(b)The notifier; and(c)The representative, that the represented person will not be bound by the representative. Source: SL 2017, ch 208, §4.
SD Codified L § 55-18-5 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-5 - Notice, service of process, and consent not required of certain persons.

55-18-5. Notice, service of process, and consent not required of certain persons.Neither notice nor service of process on, nor consent to, any matter in any proceeding is required from:(1)An unborn individual;(2)An unascertained person;(3)The potential appointee of a power of appointment;(4)The potential taker in default of a general power of appointment;(5)An uninterested beneficiary; and(6)A person bound by a representative.Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof, would otherwise receive notice or provide consent with respect to the matter in question, a representative of an unborn or unascertained person shall act pursuant to §55-18-9.Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or consent is required from, an uninterested beneficiary who does not have a substantially identical interest with one or more interested beneficiaries. Source: SL 2017, ch 208, §5; SL 2018, ch 275, §32.
SD Codified L § 55-18-6 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-6 - Notice or consent respecting co-representatives.

55-18-6. Notice or consent respecting co-representatives.When notice is made on, or consent obtained from, co-representatives, notice on, or consent from, all acting co-representatives is required except when the terms of the co-representatives' authority provide that the co-representatives may act independently or by other means.However, when a representative is acting pursuant to subdivision 55-18-9(3), (4), or (7), consent from or notice to one representative is sufficient to bind the person represented. Source: SL 2017, ch 208, §6.
SD Codified L § 55-18-7 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-7 - Demand for notice.

55-18-7. Demand for notice.Following the commencement of a judicial proceeding, if a beneficiary timely files a demand for notice with the court, notice shall be given to the beneficiary unless otherwise ordered by the court. Source: SL 2017, ch 208, §7; SL 2018, ch 275, §33.
SD Codified L § 55-18-8 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-8 - Notice to Department of Social Services.

55-18-8. Notice to Department of Social Services.The Department of Social Services shall be provided with notice in any proceeding in which an interested beneficiary of a trust may owe a debt to the department pursuant to §28-6-23. An interested beneficiary is not considered a person who may owe a debt to the department solely on account of the person's residence in this state. Source: SL 2017, ch 208, §8.
SD Codified L § 55-18-10 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-10 - Disclosure of information regarding representatives.

55-18-10. Disclosure of information regarding representatives.In a judicial proceeding, the petitioner shall set forth information with respect to each representative, each person the representative represents, and the authority by which each representative acts under this chapter.In a nonjudicial proceeding, the notifier shall set forth information with respect to each representative, each person the representative represents, the authority by which each representative acts under the provisions of this chapter, and a notification that a representative may decline to act pursuant to §55-18-11.No information need to be set forth regarding any person described in subdivisions (1) to (5), inclusive, of §55-18-5 unless a representative is acting for those persons. Source: SL 2017, ch 208, §10; SL 2018, ch 275, §35.
SD Codified L § 55-18-11 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-11 - Refusal to act as representative.

55-18-11. Refusal to act as representative.Any representative may decline to act as a representative as to the matter in question by timely expressing the representative's refusal to the notifier.A notifier may specify a time of not less than three days in which the representative may decline to act as a representative.The governing instrument may specify a time in which the representative may decline to act as a representative.A representative may waive in writing the representative's right to decline to act in the matter in question. Source: SL 2017, ch 208, §11.
SD Codified L § 55-18-12 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-12 - Petition for advance approval of action.

55-18-12. Petition for advance approval of action.A representative may petition the court for an order approving the representative's actions prior to or in advance of the representative's action, upon such notice as the court may order. Source: SL 2017, ch 208, §12.
SD Codified L § 55-18-13 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-13 - Representative with conflict of interest.

55-18-13. Representative with conflict of interest.A representative with a conflict of interest with respect to the matter in question may bind the person that the representative represents notwithstanding any cause of action that the represented person may have against a representative who acts knowingly. Source: SL 2017, ch 208, §13.
SD Codified L § 55-18-14 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-14 - Disclosure of conflict of interest by representative.

55-18-14. Disclosure of conflict of interest by representative.If a representative knows that the representative has a conflict of interest with respect to the matter in question, the representative shall timely disclose the nature of the conflict of interest:(1)In a judicial proceeding to the interested parties and the court; or(2)Otherwise to the notifier and the trustee. Source: SL 2017, ch 208, §14.
SD Codified L § 55-18-15 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-15 - Disclosure of conflict of interest by notifier.

55-18-15. Disclosure of conflict of interest by notifier.Unless notice of a conflict of interest has been carried out pursuant to §55-18-14, if the notifier knows that a representative has a conflict of interest with respect to the matter in question, the notifier shall timely disclose the nature of the conflict of interest:(1)In a judicial proceeding to the interested parties and the court; or(2)Otherwise, to the representative, the trustee, and, to the extent the person represented can be reasonably notified, to the person represented along with notification that that person may elect not to be bound pursuant to subdivision 55-18-4(4). Source: SL 2017, ch 208, §15; SL 2018, ch 275, §36.
SD Codified L § 55-18-16 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-16 - Findings regarding conflict of interest in judicial and nonjudicial proceedings--Immunity of representative from liability.

55-18-16. Findings regarding conflict of interest in judicial and nonjudicial proceedings--Immunity of representative from liability.In a judicial proceeding, if the court has been notified of a representative's conflict of interest or potential conflict of interest, the court may find that the representative conflict of interest or potential conflict of interest is immaterial in view of the facts and circumstances and order that the representative may act as a representative notwithstanding the conflict of interest or potential conflict of interest.The court's findings pursuant to this section are binding and conclusive with regard to the matter in question and, to the extent ordered by the court, absolve the representative of liability.In a nonjudicial proceeding, unless otherwise provided in the governing instrument, the trustee may find that a representative's conflict of interest or potential conflict of interest is immaterial in view of the facts and circumstances and direct the representative to act as a representative notwithstanding the conflict of interest or potential conflict of interest.The trustee's findings pursuant to this section are binding and conclusive with regard to the matter in question and, to the extent provided by the trustee in writing, absolve the representative of liability. Source: SL 2017, ch 208, §16; SL 2018, ch 275, §37.
SD Codified L § 55-18-17 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-17 - Discretion of representative--Fiduciary status.

55-18-17. Discretion of representative--Fiduciary status.A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative:(1)Acts dishonestly;(2)Acts with an improper motive; or(3)Fails, if under a duty to do so, to act.A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument.The provisions of this section do not expand or diminish the duties of an attorney. Source: SL 2017, ch 208, §17.
SD Codified L § 55-18-18 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-18 - Compensation of representative.

55-18-18. Compensation of representative.A representative is entitled to reasonable compensation as determined by the trustee except as otherwise provided in the governing instrument. Source: SL 2017, ch 208, §18.
SD Codified L § 55-18-19 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-19 - Appointment of court representative.

55-18-19. Appointment of court representative.In a judicial proceeding, if the court determines that a person cannot be adequately represented by a representative, the court may order that the person be provided notice or may order the appointment of a court representative or a replacement court representative to bind the person. The basis for a finding that representation is inadequate shall be set forth specifically in an order and may include, by way of example, a finding that a representative has a material conflict of interest or acted with hostility to the interest of the person represented.A trustee, a beneficiary, or, if authorized by the governing instrument, a fiduciary other than a trustee, may petition the court for the appointment of a court representative. A court representative has the authority to act as a representative in any proceeding unless otherwise ordered by the court.Notwithstanding §55-18-5, the court may appoint a court representative to bind uninterested beneficiaries, unborn persons, unascertained persons, or the potential appointees or the takers in default of a power of appointment.Notwithstanding §55-18-20, the court may appoint a court representative to bind a settlor. Source: SL 2017, ch 208, §19; SL 2018, ch 275, §38.
SD Codified L § 55-18-20 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-20 - Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary.

55-18-20. Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary.A settlor may be represented by a representative in amending, terminating, or revoking an inter vivos revocable trust only when the representative is:(1)An agent under a written power of attorney when the settlor is incapacitated or not reasonably available and to the extent expressly authorized by the power of attorney with specific reference to the trust and expressly authorized by the terms of the governing instrument; or(2)A conservator only to the extent authorized or approved by order of the court pursuant to §29A-5-420 or equivalent provisions of another jurisdiction's laws.In other respects, a settlor may be represented by a representative only pursuant to subdivisions 55-18-9(5), (11), (16), and (17) and pursuant to subdivision 55-18-9(1) to the extent authorized or approved by the court.A settlor may not bind a beneficiary with respect to a trust termination pursuant to §55-3-24 or 55-3-30 or a trust modification pursuant to §55-3-24 or 55-3-30 where the ability to bind the beneficiary to the proposed trust modification would constitute a retained interest pursuant to 26 U.S.C. §2036, as of January 1, 2017, or a revocable transfer pursuant to 26 U.S.C. §2038 as of January 1, 2017. Source: SL 2017, ch 208, §20; SL 2018, ch 275, §39.
SD Codified L § 55-18-21 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-21 - Limitations on trustee's authority to bind beneficiary.

55-18-21. Limitations on trustee's authority to bind beneficiary.Without diminishing the powers of a trustee over the affairs of the trust or trust property, a trustee may not bind a beneficiary of the trustee's trust except as provided in subdivisions 55-18-9(5), (9), (11), and (16). Source: SL 2017, ch 208, §21; SL 2019, ch 209, §10.
SD Codified L § 55-18-22 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-22 - Unauthorized practice of law not permitted.

55-18-22. Unauthorized practice of law not permitted.Nothing in this chapter, permits the unauthorized practice of law or diminishes the provisions of §16-16-19. Source: SL 2017, ch 208, §22.
SD Codified L § 55-18-23 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-23 - Provisions of governing instrument.

55-18-23. Provisions of governing instrument.A governing instrument may require additional notification or consent than otherwise required by law. Unless expressly authorized by the governing instrument, a person designated by a governing instrument to represent another person or class of persons may not represent such person or class of persons while that designee is serving as a trustee or co-trustee of such trust.A governing instrument which authorizes a person or fiduciary to appoint a representative may also identify or describe a person, several persons, a class of persons, or a description of persons who may not be appointed as representatives as to all or certain represented persons or matters or during a period of time. Source: SL 2017, ch 208, §23.
SD Codified L § 55-18-24 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-24 - Construction with chapter 29A-1.

55-18-24. Construction with chapter 29A-1.With regard to a testamentary trust proceeding governed by title 29A, in the event of any conflict between this chapter, and chapter 29A-1, the provisions of this chapter, shall prevail. Source: SL 2017, ch 208, §24.
SD Codified L § 55-18-25 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-25 - Liability of notifier.

55-18-25. Liability of notifier.No notifier is liable for undertaking any additional notification or seeking additional consent than required by law or the governing instrument. Source: SL 2017, ch 208, §25.
SD Codified L § 55-18-26 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 18 - Virtual Representation|Section 55-18-26 - Liability of fiduciary.

55-18-26. Liability of fiduciary.No fiduciary is liable for reliance on the outcome or resolution of any proceeding conducted under this chapter, unless the fiduciary knowingly disregarded the lack of a representative's authority to act with regard to the matter in question. Source: SL 2017, ch 208, §26.
SD Codified L § 55-19-2 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-2 - Applicability generally.

55-19-2. Applicability generally.The provisions of this chapter apply to:(1)Any fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017;(2)Any personal representative acting for a decedent who died before, on, or after July 1, 2017;(3)Any conservatorship proceeding commenced before, on, or after July 1, 2017; and(4)A trustee acting under a trust created before, on, or after July 1, 2017. Source: SL 2017, ch 209, §2.
SD Codified L § 55-19-3 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-3 - Applicability to custodians and employer assets used by employee.

55-19-3. Applicability to custodians and employer assets used by employee.This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death. This chapter does not apply to any digital asset of an employer used by an employee in the ordinary course of the employer's business. Source: SL 2017, ch 209, §3.
SD Codified L § 55-19-4 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 19 - Uniform Fiduciary Access To Digital Assets Act|Section 55-19-4 - User direction for disclosure of digital assets.

55-19-4. User direction for disclosure of digital assets.Any user may utilize an online tool to direct a custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.If a user has not utilized an online tool to give direction under this section, or if the custodian has not provided an online tool, the user may allow for or prohibit in a will, trust, power of attorney, or any other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.A user's direction under this section overrides a contrary provision in any terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service agreement. Source: SL 2017, ch 209, §4.