reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 55 - Fiduciaries and Trusts › Chapter 17 - Special Spousal Trusts › Section 55-17-12 - Bona fide purchasers.

55-17-12. Bona fide purchasers.
Notwithstanding anything contained in §55-17-9 to the contrary:
(1)Notice of the existence of a South Dakota special spousal property trust, a marriage, or the termination of a marriage does not affect the status of a purchaser as a bona fide purchaser;
(2)Special spousal property purchased by a bona fide purchaser from a spouse having the right to manage and control the property is acquired free of any claim of the other spouse. The effect of this subsection may not be varied by a South Dakota special spousal property trust.
Source:
SL 2016, ch 231, §40.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 South Dakota Codified Laws › Title 56 - Guaranty, Suretyship and Indemnity › Chapter 01 - Guaranty › Section 56-1-6 - Obligation which renders the party making the promise the principal debtor, and the person in whose behalf it is made the surety--Writing unnecessary.

56-1-6. Obligation which renders the party making the promise the principal debtor, and the person in whose behalf it is made the surety--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 creditor parts with value or enters into an obligation, in consideration of the obligation in respect to which the promise is made, in terms or under circumstances such as to render the party making the promise the principal debtor, and the person in whose behalf it is made his surety.
Source:
SDC 1939, §26.0105 (2).
2023 South Dakota Codified Laws › Title 56 - Guaranty, Suretyship and Indemnity › Chapter 01 - Guaranty › Section 56-1-7 - Promise for antecedent obligation of another--Writing unnecessary.

56-1-7. Promise for antecedent 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, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancels the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that a party receiving it releases the property of another from a levy or his person from imprisonment under an execution on a judgment obtained upon the antecedent obligation; or upon a consideration beneficial to the promiser, whether moving from either party to the antecedent obligation, or from another person.
Source:
SDC 1939, §26.0105 (3).