4-5-27. Prudent-person standard required in investments.
Any investments under the provisions of §§4-5-12 to 4-5-39, inclusive, shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the probable safety of their capital as well as the probable income to be derived.
Source: SL 1971, ch 27, §21; SL 1985, ch 15, §18.
Structure South Dakota Codified Laws
Title 4 - Public Fiscal Administration
Chapter 05 - Custody And Investment Of State Funds
Section 4-5-1 - State treasurer not to profit from use of funds--Felony--Civil liability.
Section 4-5-2 - Incidental funds established for state institutions--Initial warrant.
Section 4-5-3 - Purposes for which institution incidental funds may be used.
Section 4-5-4 - Accounting for disbursements and reimbursement of institution incidental funds.
Section 4-5-5 - Investment of political subdivision funds--Funds subject to provisions.
Section 4-5-6.1 - Investment of public funds not needed for current operating expenses--Conditions.
Section 4-5-8 - Investment policies for local funds determined by governing board.
Section 4-5-9 - Custody or deposit of investments--Exception--Credit of interest earned.
Section 4-5-10 - Application for redemption of securities.
Section 4-5-11 - Supplemental authority for investment of public funds.
Section 4-5-12 - State Investment Council continued.
Section 4-5-12.1 - Regulations and reports provided to state treasurer.
Section 4-5-13 - Appointment and terms of investment council members.
Section 4-5-14 - Council members--Qualifications--Restrictions.
Section 4-5-14.1 - Exceptions to §4-5-14.
Section 4-5-16 - Removal of council member from office--Filling of vacancies.
Section 4-5-17 - Election of chairman.
Section 4-5-18 - Division of investment continued--Immediate supervision.
Section 4-5-19 - Appointment of state investment officer--Removal--Qualifications.
Section 4-5-20 - Investment officer to devote full time--Salary.
Section 4-5-21 - State employees' blanket bond coverage--Premium.
Section 4-5-22 - Annual budget for division--Appointment of employees.
Section 4-5-25 - Monthly reports to investment officer of state transactions.
Section 4-5-26 - Classes of investments approved.
Section 4-5-27 - Prudent-person standard required in investments.
Section 4-5-28 - Policy regulations and restrictions formulated by council.
Section 4-5-29.3 - Indemnity provision--Authorization.
Section 4-5-31 - Physical custody of securities purchased--Deposit with fiscal agent.
Section 4-5-32 - Monthly report to investment council--Contents--Public inspection.
Section 4-5-33 - Meetings of investment council--Access to records--Inspection and review.
Section 4-5-35 - Post-audit of investment transactions--Annual report of auditor-general.
Section 4-5-36 - Reports to Legislature by investment council.
Section 4-5-37 - Conflicts with other laws.
Section 4-5-38 - Severability of provisions.
Section 4-5-41 - School district eligibility--Determination and certification.
Section 4-5-42 - Prudent investment defined--Liability.
Section 4-5-43 - Obligation to purchase--Enforceability.
Section 4-5-44 - Cost of participation.
Section 4-5-47 - Investment of trust fund containing proceeds from sale of state cement enterprises.
Section 4-5-49 - Identification of holdings in scrutinized companies.
Section 4-5-50 - List of scrutinized companies.
Section 4-5-51 - Updating scrutinized companies list.
Section 4-5-52 - Procedures with respect to companies on scrutinized companies list.
Section 4-5-53 - Divestiture of securities in companies with scrutinized business operations.
Section 4-5-55 - Exemption from divestiture requirements.
Section 4-5-56 - Inapplicability to certain investments.
Section 4-5-57 - Indirect holdings in actively managed investment funds.
Section 4-5-58 - Report to Legislative Research Council Executive Board.
Section 4-5-59 - Circumstances under which §§4-5-48 to 4-5-60, inclusive, become inoperative.