reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-8 - Conditions on innovation waiver.

58-48-8. Conditions on innovation waiver.
An insurance innovation waiver shall be issued by the director in writing that limits the number of consumers in this state that may purchase or utilize the underlying insurance product or service to no more than twenty thousand consumers and specifies any terms, conditions, and limitations that the director considers appropriate, including:
(1)Limits on the amount of premium that may be written in relation to the innovative product or service;
(2)Liability coverage requirements and minimum financial reserve requirements that the applicant must meet during the testing of the innovative insurance product or service; and
(3)Regular or additional reporting on any aspect of the innovative insurance product or service during the test, including financial results and consumer information.
Conditions issued under this section do not restrict a person who holds a license or authorization in another jurisdiction from acting in accordance with that license or authorization in that jurisdiction.
Source:
SL 2021, ch 214, § 8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-9 - Waiver participants--Deposit or bond.

58-48-9. Waiver participants--Deposit or bond.
A participant may be required to make a deposit of cash or marketable securities in the manner provided under chapter 58-7 and in amounts, conditions, and for such purposes as the director determines necessary for the protection of consumers. The deposit required by this section may be refunded when the waiver has expired or if the director is satisfied that consumer claims have been satisfied, whichever is later. In lieu of a deposit, the director may accept a bond in an amount and with such conditions as the director determines is necessary for the protection of consumers.
Source:
SL 2021, ch 214, § 9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-10 - Consumer disclosures--Digital disclosure receipts.

58-48-10. Consumer disclosures--Digital disclosure receipts.
Disclosures must be provided to consumers by a participant before providing an innovative insurance product or service in clear and conspicuous form disclosing the following:
(1)The name and contact information of the participant;
(2)That the innovative insurance product or service is authorized pursuant to a waiver;
(3)That the participant does not have a license or other authorization to provide an insurance product or service under state laws that regulate insurance products or services outside a waiver, if applicable;
(4)That the innovative insurance product or service may not function as intended and may expose the consumer to financial risk;
(5)That the participant is not immune from civil liability for any losses or damages caused by the innovative insurance product or service;
(6)That the innovative insurance product or service is not covered by any guaranty association if the participant becomes unable to pay claims;
(7)That the state does not endorse or recommend the innovative insurance product or service;
(8)That the innovative insurance product or service is a temporary test that may be discontinued at the termination of the testing period;
(9)The expected termination date of the testing period; and
(10)That a consumer may contact the division to file a complaint regarding the innovative insurance product or service being tested and provide the division's telephone number and website address where a complaint may be filed.
The director may require additional disclosures for the protection of consumers. A digital receipt from a consumer acknowledging the disclosures is required if the disclosures are delivered through an internet or application-based platform.
Source:
SL 2021, ch 214, § 10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-11 - Public notice of granted waiver.

58-48-11. Public notice of granted waiver.
If an insurance innovation waiver is granted, the director shall provide public notice of the existence of the waiver by publishing a description of the following information on the division's website:
(1)The name of the person who applied for and received the waiver;
(2)The approval date and termination date of the waiver;
(3)General terms, conditions, or limitations of the waiver; and
(4)Any additional information considered appropriate by the director.
Source:
SL 2021, ch 214, § 11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-12 - Record keeping by participants.

58-48-12. Record keeping by participants.
The director shall establish reporting requirements for each participant, including information about consumer complaints. A participant shall retain records, documents, and data produced in the course of business regarding an innovative insurance product or service subject to a waiver for a period of five years after the waiver has terminated.
A participant shall make its records, documents, and data available for inspection by the director immediately upon request. Nothing in this chapter limits the director's authority to examine applicants or participants in accordance with chapter 58-3.
Source:
SL 2021, ch 214, § 12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-13 - Termination of waivers.

58-48-13. Termination of waivers.
If a participant tests an innovative insurance product or service requiring ongoing duties after the termination date of a waiver, the participant shall continue to fulfill those duties or arrange for another person to fulfill those duties after the date the waiver terminates. At the termination of the testing period provided by a waiver, the participant shall immediately stop offering all innovative insurance products or services being tested. The participant shall submit a final report showing test results in a form and manner prescribed by the director within sixty days of waiver termination.
Source:
SL 2021, ch 214, § 13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-14 - Termination for failure--Termination by director.

58-48-14. Termination for failure--Termination by director.
If an innovative insurance product or service fails before the termination of a testing period as provided in an applicable waiver, the participant shall immediately notify the director and report on actions taken by the participant to ensure consumers have not been harmed as a result of the failure.
The director may terminate an insurance innovation waiver for cause and with reasonable notice to the participant. Nothing in this chapter restricts the director's application of chapters 58-4 and 58-29B as regards participants.
Source:
SL 2021, ch 214, § 14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-15 - No guaranty association coverage for waivers.

58-48-15. No guaranty association coverage for waivers.
A participant under this chapter is not a member insurer of any guaranty association created under title 58 unless the participant is or becomes a licensed insurer in this state pursuant to title 58 and otherwise qualifies as a member insurer under the applicable guaranty association statutes.
Source:
SL 2021, ch 214, § 15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 48 - Insurance Innovation Waivers › Section 58-48-16 - Confidentiality of waiver application and materials.

58-48-16. Confidentiality of waiver application and materials.
Documents, materials, or other information in the possession of the division that are obtained by or disclosed to the director or any other person in the course of an insurance innovation waiver under this chapter are confidential by law and privileged; are not subject to open records, freedom of information, sunshine, or other related laws; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action.
The director may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the director's official duties. The director may not otherwise make the documents, materials, or other information public without the prior written consent of the person, applicant, or participant to which it pertains.
This section does not apply to information about granted waivers published by the director pursuant to § 58-48-11. Nothing in this section may be construed to modify the ability of a consumer to discover information in pursuit of a claim against a participant.
Source:
SL 2021, ch 214, § 16.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 01 - Definition And Kinds Of Agency › Section 59-1-1 - Agency defined.

59-1-1. Agency defined.
Agency is the representation of one called the principal by another called the agent in dealing with third persons.
Source:
CivC 1877, §1337; CL 1887, §3960; RCivC 1903, §1656; RC 1919, §1234; SDC 1939, §3.0101.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 01 - Definition And Kinds Of Agency › Section 59-1-2 - Agents--General or special.

59-1-2. Agents--General or special.
An agent for a particular act or transaction is a special agent; all others are general agents.
Source:
CivC 1877, §1339; CL 1887, §3962; RCivC 1903, §1658; RC 1919, §1236; SDC 1939, §3.0102.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 01 - Definition And Kinds Of Agency › Section 59-1-3 - Authority construed by specific rather than general terms.

59-1-3. Authority construed by specific rather than general terms.
If authority is given partly in general and partly in specific terms no higher powers than those specifically mentioned are given.
Source:
CivC 1877, §1360; CL 1887, §3983; RCivC 1903, §1679; RC 1919, §1261; SDC 1939, §3.0102.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 01 - Definition And Kinds Of Agency › Section 59-1-4 - Actual agency.

59-1-4. Actual agency.
Agency is actual when the principal appoints the agent.
Source:
CivC 1877, §1341; CL 1887, §3964; RCivC 1903, §1660; RC 1919, §1238; SDC 1939, §3.0103.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 01 - Definition And Kinds Of Agency › Section 59-1-5 - Ostensible agency.

59-1-5. Ostensible agency.
Agency is ostensible when by conduct or want of ordinary care the principal causes a third person to believe another, who is not actually appointed, to be his agent.
Source:
CivC 1877, §1342; CL 1887, §3965; RCivC 1903, §1661; RC 1919, §1239; SDC 1939, §3.0103.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-1 - Capacity to create.

59-2-1. Capacity to create.
Any person with capacity to contract may create an agency and confer authority on any other person to do any act which he might do excepting acts to which he is bound to give personal attention.
Source:
CivC 1877, §§1338, 1343; CL 1887, §§3961, 3966; RCivC 1903, §§1657, 1662; RC 1919, §§1235, 1244; SDC 1939, §3.0104.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-2 - Creation by precedent authorization or subsequent ratification--Consideration unnecessary.

59-2-2. Creation by precedent authorization or subsequent ratification--Consideration unnecessary.
The agency and authority described in §59-2-1 may be created by precedent authorization or subsequent ratification, without consideration being necessary to make same binding upon the principal.
Source:
CivC 1877, §§1346, 1347; CL 1887, §§3969, 3970; RCivC 1903, §§1665, 1666; RC 1919, §§1247, 1248; SDC 1939, §3.0104.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-3 - Form of authority.

59-2-3. Form of authority.
An oral authorization is sufficient for any purpose, except that an authority to enter into a contract, other than a negotiable instrument, required by law to be in writing can only be given by an instrument in writing.
Source:
CivC 1877, §1348; CL 1887, §3971; RCivC 1903, §1667; RC 1919, §1249; SDC 1939, §3.0204.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-4 - Ratification of agent's act.

59-2-4. Ratification of agent's act.
Ratification can be made only in the manner that would have been necessary to confer authority originally, or, where oral authorization would suffice, by accepting or retaining the benefit of the act with notice thereof. It is not valid unless at the time of ratification the principal has power to confer authority for the act.
Source:
CivC 1877, §§1349, 1351; CL 1887, §§3972, 3974; RCivC 1903, §§1668, 1670; RC 1919, §§1250, 1252; SDC 1939, §3.0105.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-5 - Ratification of part of a transaction.

59-2-5. Ratification of part of a transaction.
Ratification of part of an indivisible transaction is a ratification of the whole.
Source:
CivC 1877, §1350; CL 1887, §3973; RCivC 1903, §1669; RC 1919, §1251; SDC 1939, §3.0106.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-6 - Ratification not to work injury to third persons.

59-2-6. Ratification not to work injury to third persons.
No unauthorized act can be made valid, retroactively, to the prejudice of third persons, without their consent.
Source:
CivC 1877, §1352; CL 1887, §3975; RCivC 1903, §1671; RC 1919, §1253; SDC 1939, §3.0107.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 02 - Creation Of Agency › Section 59-2-7 - Rescission of ratification.

59-2-7. Rescission of ratification.
A ratification may be rescinded when made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the transaction ratified, but not otherwise.
Source:
CivC 1877, §1353; CL 1887, §3976; RCivC 1903, §1672; RC 1919, §1254; SDC 1939, §3.0108.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-1 - Agent may perform acts permitted to principal.

59-3-1. Agent may perform acts permitted to principal.
Every act which may legally be done by or to any person, may be done by or to the agent of such person for that purpose unless a contrary intention plainly appears.
Source:
CivC 1877, §1344; CL 1887, §3967; RCivC 1903, §1663; RC 1919, §1245; SDC 1939, §3.0201.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-2 - Actual authority defined.

59-3-2. Actual authority defined.
Actual authority is such as a principal intentionally confers upon the agent, or intentionally or by want of ordinary care, allows the agent to believe himself to possess.
Source:
CivC 1877, §1355; CL 1887, §3978; RCivC 1903, §1674; RC 1919, §1256; SDC 1939, §3.0202.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-2.1 - Authority to request, receive, review, and disclose information regarding principal's health.

59-3-2.1. Authority to request, receive, review, and disclose information regarding principal's health.
An agent may request, receive, and review any information regarding the principal's physical or mental health, including legal, medical, and hospital records, execute any release or other documents that may be required in order to obtain such information, and disclose such information to such persons, organizations, firms, or corporations as the agent shall deem appropriate.
Source:
SL 2004, ch 312, §3.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-3 - Ostensible authority defined.

59-3-3. Ostensible authority defined.
Ostensible authority is such as a principal intentionally, or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Source:
CivC 1877, §1356; CL 1887, §3979; RCivC 1903, §1675; RC 1919, §1257; SDC 1939, §3.0203.
See Cal Civ Code, §2317.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-4 - Agent's general authority.

59-3-4. Agent's general authority.
Every agent has actually such authority as prescribed by this title on "agency" unless specially deprived thereof by the principal, and even then has such authority ostensibly except as to persons who have actual or constructive notice of the restriction upon his authority.
Source:
CivC 1877, §1357; CL 1887, §3980; RCivC 1903, §1676; RC 1919, §1258; SDC 1939, §3.0201.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-5 - Agent's necessary authority--Ordinary course of business.

59-3-5. Agent's necessary authority--Ordinary course of business.
An agent has authority to do everything necessary, or proper and usual in the ordinary course of business, for effecting the purpose of his agency.
Source:
CivC 1877, §1358, subdiv 1; CL 1887, §3981, subdiv 1; RCivC 1903, §1677, subdiv 1; RC 1919, §1259 (1); SDC 1939, §3.0206 (1).
See Cal Civ Code, §2319.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-6 - Agent's necessary authority--Representation as to matter of fact.

59-3-6. Agent's necessary authority--Representation as to matter of fact.
An agent has authority to make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
Source:
CivC 1877, §1358, subdiv 2; CL 1887, §3981, subdiv 2; RCivC 1903, §1677, subdiv 2; RC 1919, §1259 (2); SDC 1939, §3.0206 (2).
See Cal Civ Code, §2319.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-7 - Agent's power to disobey instructions.

59-3-7. Agent's power to disobey instructions.
An agent has power to disobey instructions in dealing with the subject of the agency, in cases where it is clearly for the interests of his principal that he should do so, and there is not time to communicate with the principal.
Source:
CivC 1877, §1359; CL 1887, §3982; RCivC 1903, §1678; RC 1919, §1260; SDC 1939, §3.0207.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-8 - Agent cannot have authority to defraud principal.

59-3-8. Agent cannot have authority to defraud principal.
An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals to be, a fraud on the principal.
Source:
CivC 1877, §1345; CL 1887, §3968; RCivC 1903, §1664; RC 1919, §1246; SDC 1939, §3.0208.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-9 - Exceptions to general authority--Agent cannot act in own name.

59-3-9. Exceptions to general authority--Agent cannot act in own name.
An authority expressed in general terms, however broad, does not authorize an agent to act in his own name, unless it is the usual course of business to do so.
Source:
CivC 1877, §1361, subdiv 1; CL 1887, §3984, subdiv 1; RCivC 1903, §1680, subdiv 1; RC 1919, §1262 (1); SDC 1939, §3.0205 (1).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-10 - Exceptions to general authority--Scope of agency cannot be defined.

59-3-10. Exceptions to general authority--Scope of agency cannot be defined.
An authority expressed in general terms, however broad, does not authorize an agent to define the scope of his agency.
Source:
CivC 1877, §1361, subdiv 2; CL 1887, §3984, subdiv 2; RCivC 1903, §1680, subdiv 2; RC 1919, §1262 (2); SDC 1939, §3.0205 (2).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-11 - Exceptions to general authority--Forbidden acts.

59-3-11. Exceptions to general authority--Forbidden acts.
An authority expressed in general terms, however broad, does not authorize an agent to do any act that a trustee is forbidden to do by the law on trusts or that an agent is forbidden to do by the law on fiduciary access to digital assets.
Source:
CivC 1877, §1361, subdiv 3; CL 1887, §3984, subdiv 3; RCivC 1903, §1680, subdiv 3; RC 1919, §1262 (3); SDC 1939, §3.0205 (3); SL 2017, ch 209, §28.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-12 - Authority to sell real property--Power to give warranty.

59-3-12. Authority to sell real property--Power to give warranty.
Authority to sell and convey real property includes authority to give usual covenants of warranty.
Source:
CivC 1877, §1363; CL 1887, §3986; RCivC 1903, §1682; RC 1919, §1264; SDC 1939, §3.0209.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-13 - Authority to sell personal property--Power to give warranties.

59-3-13. Authority to sell personal property--Power to give warranties.
Authority to sell personal property includes authority to warrant the title of the principal and the quality and quantity of the property.
Source:
CivC 1877, §1362; CL 1887, §3985; RCivC 1903, §1681; RC 1919, §1263; SDC 1939, §3.0209.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-14 - Authority to receive price of property.

59-3-14. Authority to receive price of property.
A general agent to sell entrusted by the principal with possession of the thing sold, has authority to receive the price. A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterward.
Source:
CivC 1877, §§1364, 1365; CL 1887, §§3987, 3988; RCivC 1903, §§1683, 1684; RC 1919, §§1265, 1266; SDC 1939, §3.0210.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-15 - Agent's delegation of powers.

59-3-15. Agent's delegation of powers.
An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:
(1)When the act to be done is purely mechanical;
(2)When it is such as the agent cannot himself, and the subagent can, lawfully perform;
(3)When it is the usage of the place to delegate such powers; or
(4)When such delegation is specially authorized by the principal.
Source:
CivC 1877, §1380; CL 1887, §4003; RCivC 1903, §1699; RC 1919, §1281; SDC 1939, §3.0212.
See Cal Civ Code, §2349.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-16 - Subagent, lawfully appointed, represents principal.

59-3-16. Subagent, lawfully appointed, represents principal.
A subagent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for acts of the subagent.
Source:
CivC 1877, §1382; CL 1887, §4005; RCivC 1903, §1701; RC 1919, §1283; SDC 1939, §3.0213.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-17 - Responsibility as between principal and agent of agent.

59-3-17. Responsibility as between principal and agent of agent.
A mere agent of an agent is not responsible as such to the principal of the latter.
Source:
CivC 1877, §1167; CL 1887, §3790; RCivC 1903, §1486; RC 1919, §1243; SDC 1939, §3.0214.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 03 - Powers Of Agent › Section 59-3-18 - Agent's unauthorized employment of subagent.

59-3-18. Agent's unauthorized employment of subagent.
If an agent employ a subagent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter.
Source:
CivC 1877, §1381; CL 1887, §4004; RCivC 1903, §1700; RC 1919, §1282; SDC 1939, §3.0214.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 04 - Agent's Duty To Principal › Section 59-4-1 - Agent must keep principal informed.

59-4-1. Agent must keep principal informed.
An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency.
Source:
CivC 1877, §1165; CL 1887, §3788; RCivC 1903, §1484; RC 1919, §1241; SDC 1939, §3.0211.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 04 - Agent's Duty To Principal › Section 59-4-2 - Collecting agent.

59-4-2. Collecting agent.
An agent employed to collect a negotiable instrument must collect it promptly and take all measures necessary to charge the parties thereto in case of its dishonor and must present it for collection or acceptance with reasonable diligence.
Source:
CivC 1877, §1166; CL 1887, §3789; RCivC 1903, §1485; RC 1919, §1242; SDC 1939, §3.0215.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 05 - Agent's Responsibility To Third Persons › Section 59-5-1 - Warranty of authority.

59-5-1. Warranty of authority.
One who assumes to act as an agent thereby warrants to all who deal with him in that capacity, that he has the authority which he assumes.
Source:
CivC 1877, §1376; CL 1887, §3999; RCivC 1903, §1695; RC 1919, §1277; SDC 1939, §3.0401.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 05 - Agent's Responsibility To Third Persons › Section 59-5-2 - Agent's responsibility as principal.

59-5-2. Agent's responsibility as principal.
One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:
(1)When, with his consent, credit is given to him personally in a transaction;
(2)When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or
(3)When his acts are wrongful in their nature.
Source:
CivC 1877, §1377; CL 1887, §4000; RCivC 1903, §1696; RC 1919, §1278; SDC 1939, §3.0402.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 05 - Agent's Responsibility To Third Persons › Section 59-5-3 - Surrender to third person of property received for principal.

59-5-3. Surrender to third person of property received for principal.
If an agent receives anything for the benefit of his principal, to the possession of which another person is entitled, he must, on demand, surrender it to such person, or so much of it as he has under his control at the time of demand, on being indemnified for any advance which he has made to his principal, in good faith, on account of the same; and is responsible therefor, if, after notice from the owner, he delivers it to his principal.
Source:
CivC 1877, §1378; CL 1887, §4001; RCivC 1903, §1697; RC 1919, §1279; SDC 1939, §3.0403.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-1 - Rights and liabilities accruing to principal.

59-6-1. Rights and liabilities accruing to principal.
All rights and liabilities which would accrue to an agent from transactions within the scope of his actual or ostensible authority if they had been entered into on his own account, accrue to the principal.
Source:
CivC 1877, §1366; CL 1887, §3989; RCivC 1903, §1685; RC 1919, §1267; SDC 1939, §3.0301.
See Cal Civ Code, §2330.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-2 - Agent exceeding authority--Liability of principal.

59-6-2. Agent exceeding authority--Liability of principal.
When an agent exceeds his authority, his principal is bound by his authorized acts so far only as they can be plainly separated from those which are unauthorized.
Source:
CivC 1877, §1369; CL 1887, §3992; RCivC 1903, §1688; RC 1919, §1270; SDC 1939, §3.0302.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-3 - Principal bound by acts of agent under ostensible authority.

59-6-3. Principal bound by acts of agent under ostensible authority.
A principal is bound by acts of his agent under ostensible authority, to those persons only who have in good faith, and without negligence, incurred a liability or parted with value upon the faith thereof.
Source:
CivC 1877, §1370; CL 1887, §3993; RCivC 1903, §1689; RC 1919, §1271; SDC 1939, §3.0303.
See Cal Civ Code, §2334.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-4 - Principal bound by agent's writings.

59-6-4. Principal bound by agent's writings.
Any instrument within the scope of his authority, by which an agent intends to bind his principal, does bind him if such intent is plainly inferable from the instrument itself.
Source:
CivC 1877, §1373; CL 1887, §3996; RCivC 1903, §1692; RC 1919, §1274; SDC 1939, §3.0304.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-5 - Notice to agent or principal.

59-6-5. Notice to agent or principal.
As against a principal both principal and agent are deemed to have notice of whatever either has notice of, and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.
Source:
CivC 1877, §1368; CL 1887, §3991; RCivC 1903, §1687; RC 1919, §1269; SDC 1939, §3.0305.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-6 - Incomplete execution binding on principal.

59-6-6. Incomplete execution binding on principal.
A principal is bound by an incomplete execution of an authority, when it is consistent with the whole purpose and scope thereof, but not otherwise.
Source:
CivC 1877, §1367; CL 1887, §3990; RCivC 1903, §1686; RC 1919, §1268; SDC 1939, §3.0306.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-7 - Exclusive credit given to agent--Exoneration of principal.

59-6-7. Exclusive credit given to agent--Exoneration of principal.
If exclusive credit is given to an agent by the person dealing with him, his principal is exonerated by payment or other satisfaction made by him to his agent, in good faith, before receiving notice of the creditor's election to hold him responsible.
Source:
CivC 1877, §1371; CL 1887, §3994; RCivC 1903, §1690; RC 1919, §1272; SDC 1939, §3.0307.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-8 - Setoff by person dealing with agent without knowledge of agency.

59-6-8. Setoff by person dealing with agent without knowledge of agency.
One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction, may set off, against any claim of the principal arising out of the same, all claims which he might have set off against the agent before notice of the agency.
Source:
CivC 1877, §1372; CL 1887, §3995; RCivC 1903, §1691; RC 1919, §1273; SDC 1939, §3.0308.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-9 - Responsibility of principal for agent's negligence or omission.

59-6-9. Responsibility of principal for agent's negligence or omission.
Unless required by or under authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as part of the transaction of such business; and for his willful omission to fulfill the obligation of the principal.
Source:
CivC 1877, §1374; CL 1887, §3997; RCivC 1903, §1693; RC 1919, §1275; SDC 1939, §3.0309.
See Cal Civ Code, §2338.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-10 - Principal not responsible for unauthorized wrongs or omissions.

59-6-10. Principal not responsible for unauthorized wrongs or omissions.
The principal is responsible for no other negligence, wrongs, or omissions of his agent than those described in §59-6-9 unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service.
Source:
CivC 1877, §1375; CL 1887, §3998; RCivC 1903, §1694; RC 1919, §1276; SDC 1939, §3.0309.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 06 - Relationship Between Principal And Third Persons › Section 59-6-11 - Durable Power of Attorney--Presumption--Liability--Exceptions.

59-6-11. Durable Power of Attorney--Presumption--Liability--Exceptions.
A durable power of attorney for health care designated under the provisions of §59-7-2.1 is presumed valid. Another person may rely on the presumption of validity unless the person has actual knowledge that the power was not validly executed or that the power was revoked.
Except as provided in this section, any person who refuses to accept the authority of the agent to exercise a power granted under the durable power of attorney for health care is liable to the principal and to the principal's heirs, assigns, and the personal representative or successor in interest of the principal's estate in the same manner as the person would be liable had the person refused to accept the authority of the principal to act on the principal's own behalf. The person found liable for refusing to accept the authority of an agent is liable for damages and costs, including reasonable attorney's fees.
A person who refuses to accept the authority of an agent to exercise a power granted under a durable power of attorney for health care is not liable pursuant to this section if:
(1)The person has actual knowledge of the revocation of the durable power of attorney before the exercise of the power;
(2)The duration of the durable power of attorney specified in the durable power of attorney has expired;
(3)The person has actual knowledge of the death of the principal;
(4)The person reasonably believes that the durable power of attorney is not valid under the law of this state;
(5)The person reasonably believes that the durable power of attorney does not grant the agent authority to perform the transaction requested; or
(6)The person reasonably believes that a course of conduct or refusal to act as proposed by the agent is contrary to the wishes of the principal as expressed to the person.
This section does not negate the liability that a person would have to the principal or the agent under another form of power of attorney, under the common law, or otherwise.
Source:
SL 2004, ch 312, §2; SL 2020, ch 214, § 50.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-1 - Acts constituting termination.

59-7-1. Acts constituting termination.
An agency is terminated as to every person having notice thereof in all cases by:
(1)Expiration of its term;
(2)Extinction of its subject;
(3)Death of the agent;
(4)Renunciation by the agent; or
(5)Incapacity of the agent to act as such.
Source:
CivC 1877, §1383; CL 1887, §4006; RCivC 1903, §1702; RC 1919, §1284; SDC 1939, §3.0109 (1).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2 - Termination where power of agent not coupled with an interest.

59-7-2. Termination where power of agent not coupled with an interest.
Unless the power of the agent is coupled with an interest in the subject of the agency, an agency is terminated as to every person having notice thereof by:
(1)Revocation by the principal;
(2)Death of the principal; or
(3)His incapacity to contract.
Source:
CivC 1877, §1384; CL 1887, §4007; RCivC 1903, §1703; RC 1919, §1285; SDC 1939, §3.0109 (2).
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2.1 - Principal--Designation--Healthcare.

59-7-2.1. Principal--Designation--Healthcare.
Notwithstanding §59-7-2, a principal may designate another as the principal's attorney-in-fact or agent pursuant to the provisions of §59-12-3.
A principal may designate any other person as the principal's attorney-in-fact or agent for health care decisions, and the attorney-in-fact shall have the authority to make any health care decision at any time during which the principal lacks capacity. Any durable power of attorney for health care shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. The signature shall be witnessed by two other adult individuals or by a notary public. A power of attorney granted pursuant to this section may authorize the attorney-in-fact to consent to, to reject, or to withdraw consent for health care, including any care, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition.
Source:
SL 1977, ch 418, §1; SL 1990, ch 412, §1; SL 2012, ch 149, §61; SL 2016, ch 120, §34; SL 2020, ch 214, § 44.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2.4 - Nomination--Health care--Guardian--Conservator.

59-7-2.4. Nomination--Health care--Guardian--Conservator.
A principal may nominate by a durable power of attorney for health care a guardian of the principal's person or conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney for health care. Except for good cause shown or disqualification, the court shall make an appointment under this section in accordance with the principal's most recent nomination.
Source:
SL 1977, ch 418, §4; SL 1993, ch 213, §261; SL 2020, ch 214, § 45.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2.5 - Health care decisions by agent.

59-7-2.5. Health care decisions by agent.
The attorney-in-fact or agent may make any health care decisions for the principal which the principal could make individually if the principal had decisional capacity. However, all such decisions shall be made in accordance with accepted medical standards. Whenever making any health care decision for the principal, the attorney-in-fact or agent shall consider the recommendation of the attending physician, the decision that the principal would have made if the principal then had decisional capacity, if known, and the decision that would be in the best interest of the principal.
Source:
SL 1990, ch 412, §2; SL 2007, ch 296, §1.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2.6 - Physician's determination of principal's decisional capacity.

59-7-2.6. Physician's determination of principal's decisional capacity.
The attorney-in-fact or agent may not make a health care decision in any situation in which the principal's attending physician has determined in good faith that the principal has decisional capacity. The attending physician shall proceed as if there were no designation if the attorney-in-fact or agent is unavailable or refuses to make a health care decision.
Source:
SL 1990, ch 412, §3.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2.7 - Comfort care required--Conditions for withdrawal of artificial nutrition or hydration.

59-7-2.7. Comfort care required--Conditions for withdrawal of artificial nutrition or hydration.
The attorney-in-fact or agent may not authorize the withholding or withdrawal of comfort care from the principal. The attorney-in-fact or agent may authorize that artificial nutrition or hydration be withheld or withdrawn if one or more of the following exist:
(1)Artificial nutrition or hydration is not needed for comfort care or the relief of pain and the attending physician reasonably believes that the principal's death is imminent; or
(2)Artificial nutrition or hydration cannot be physically assimilated by the principal; or
(3)The burden of providing artificial nutrition or hydration outweighs its benefit, provided that the determination of burden refers to the provision of artificial nutrition or hydration itself and not to the quality of the continued life of the principal; or
(4)There is clear and convincing evidence that the principal expressed the desire that artificial nutrition or hydration be withheld, or refused artificial nutrition or hydration prior to the loss of decisional capacity; or
(5)The principal expressed in the document creating the power of attorney that artificial nutrition or hydration be withheld; or
(6)The principal expressly authorized, in the writing creating the power of attorney, the attorney-in-fact or agent to direct the withholding of artificial nutrition or hydration.
Source:
SL 1990, ch 412, §4; SL 2007, ch 296, §2.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-2.8 - Artificial nutrition and hydration for pregnant woman--Certification by physicians.

59-7-2.8. Artificial nutrition and hydration for pregnant woman--Certification by physicians.
Notwithstanding the designation of a health care attorney-in-fact or agent, life-sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart by the attending physician and one other physician who has examined the woman, such procedures will not maintain the woman in such a way as to permit the continuing development and live birth of the unborn child or will be physically harmful to the woman or prolong severe pain which cannot be alleviated by medication.
Source:
SL 1990, ch 412, §5.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-8 - Immunity.

59-7-8. Immunity.
A physician or other health care provider as defined in subdivision 34-12C-1(5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care decision for the principal or a physician or other health care provider declining to act in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is not authorized by this chapter to make a health care decision for the principal is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the attorney-in-fact or agent either had or did not have authority to make a health care decision or for disclosing to the attorney-in-fact or agent medical records or other information.
A physician or other health care provider who in good faith believes that the principal has or does not have decisional capacity under §59-7-2.6 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
A physician or other health care provider who in good faith makes a determination in a writing or other record that a principal is incapacitated as defined in §59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
An attorney, judge, or governmental official who in good faith makes a determination in a writing or other record that a principal is incapacitated within the meaning of §59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.
Source:
SL 1992, ch 359; SL 2007, ch 296, §3; SL 2020, ch 214, § 51.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-9 - Acts pursuant to durable power of attorney--Absent termination provision, authority not affected by time lapse since execution of instrument.

59-7-9. Acts pursuant to durable power of attorney--Absent termination provision, authority not affected by time lapse since execution of instrument.
All acts done by an agent pursuant to a durable power of attorney have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if done by the principal. Unless the instrument states a time of termination, the authority of the agent is exercisable notwithstanding the lapse of time since the execution of the instrument.
Source:
SL 2004, ch 312, §1.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 07 - Termination Of Agency › Section 59-7-11 - Appointment of guardian terminates power of attorney.

59-7-11. Appointment of guardian terminates power of attorney.
If, after a principal executes a power of attorney for health care pursuant to §59-7-2.1, a court appoints a guardian of the principal's person, the power of attorney is terminated at the time of the appointment, but the guardian shall follow any provisions contained in the power of attorney for health care delineating the principal's wishes for medical and end-of-life care.
Source:
SL 2016, ch 120, §36.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 08 - Auctioneers › Section 59-8-1 - Authority from seller.

59-8-1. Authority from seller.
An auctioneer in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows:
(1)To sell by public auction to the highest bidder;
(2)To sell for cash only, except such articles as are usually sold on credit at auction;
(3)To warrant in like manner with other agents to sell, the title, quality, and quantity of personal property;
(4)To prescribe reasonable rules and terms of sale;
(5)To deliver the thing sold, upon payment of the price;
(6)To collect the price; and
(7)To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes.
Source:
CivC 1877, §1385; CL 1887, §4008; RCivC 1903, §1704; RC 1919, §1286; SDC 1939, §3.0501.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 08 - Auctioneers › Section 59-8-2 - Memorandum binding both parties.

59-8-2. Memorandum binding both parties.
An auctioneer has authority from a bidder at the auction as well as from the seller to bind both by a memorandum wherever a written memorandum is required, by any statute or by usage, to make a valid contract of sale and such memorandum must be in the form and content prescribed.
Source:
CivC 1877, §1386; CL 1887, §4009; RCivC 1903, §1705; RC 1919, §1287; SDC 1939, §3.0502.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-1 - Factor defined.

59-9-1. Factor defined.
A factor is an agent, who, in the pursuit of an independent calling, is employed to buy or sell property in his own name, and is entrusted by his principal with the possession or control of the property, or authorized to receive payment therefor from the purchaser.
Source:
CivC 1877, §§1168, 1387; CL 1887, §§3791, 4010; RCivC 1903, §§1487, 1706; RC 1919, §1288; SDC 1939, §3.0601.
See Cal Civ Code, §2026.
2023 South Dakota Codified Laws › Title 59 - Agency › Chapter 09 - Factors › Section 59-9-2 - Obedience required of factor.

59-9-2. Obedience required of factor.
A factor must obey the instructions of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may nevertheless sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee.
Source:
CivC 1877, §1169; CL 1887, §3792; RCivC 1903, §1488; RC 1919, §1289; SDC 1939, §3.0604.