South Dakota Codified Laws
Chapter 05 - Trust Business Of Banks
Section 51A-5-2 - Bank as trustee or custodian for retirement benefit plans.

51A-5-2. Bank as trustee or custodian for retirement benefit plans.
Pursuant to rules of the commission and the terms of Public Law 93-406, the Employees Retirement Income Security Act of 1974 and the Self-employed Individuals Tax Retirement Act of 1962, a bank may act as trustee or custodian for individual retirement accounts, HR 10 Keogh accounts or both such accounts, or any other pension, profit-sharing, money purchase, or other retirement benefit plan.

Source: SDCL, §51-19-1 as added by SL 1975, ch 291; SL 1981, ch 346, §40; SL 1988, ch 377, §110; SDCL, §51-19-1.1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 51A - Banks and Banking

Chapter 05 - Trust Business Of Banks

Section 51A-5-1 - Use of "trust" in name restricted--Exercise of trust powers restricted--Misdemeanor.

Section 51A-5-1.1 - Powers of banks engaging in trust business.

Section 51A-5-1.2 - "Trust business" defined.

Section 51A-5-2 - Bank as trustee or custodian for retirement benefit plans.

Section 51A-5-3 - Fiduciary authority of bank authorized by charter to exercise trust powers.

Section 51A-5-4 - Deposit required to do trust business--Amount and form of deposit--Disposition of income.

Section 51A-5-5 - Deposit available for satisfaction of claims upon liquidation, abandonment of trust powers, or resignation from fiduciary positions.

Section 51A-5-6 - National banks' authority to engage in trust business--Examination of trust business--Acceptance of federal examination.

Section 51A-5-7 - Foreign bank or trust company to comply with requirements to act as fiduciary in state--Violation as misdemeanor.

Section 51A-5-8 - Reciprocal privileges extended to foreign bank or trust company acting as fiduciary.

Section 51A-5-9 - Filing with Office of the Secretary of State by foreign bank or trust company acting as fiduciary--Designation as agent to receive process--Service of process.

Section 51A-5-10 - Establishment of place of business not permitted or prohibited by filing requirements.

Section 51A-5-11 - Investment powers of trust company.

Section 51A-5-12 - Voting of bank shares by cotrustee.

Section 51A-5-13 - Segregation of assets held by bank as fiduciary.

Section 51A-5-14 - Deposit of federally guaranteed securities with federal reserve bank.

Section 51A-5-15 - Records of depositor to show ownership of securities--Transfers by book entries.

Section 51A-5-16 - Custodian to certify deposited securities to fiduciary--Duty of fiduciary.

Section 51A-5-17 - Application of provisions to fiduciaries and custodians whenever appointed.

Section 51A-5-19 - Oath or bond not required of bank to qualify as fiduciary.

Section 51A-5-20 - Nominees used by bank acting as fiduciary or cofiduciary.

Section 51A-5-21 - Deposit in clearing corporation of securities held as fiduciary or custodian.

Section 51A-5-22 - Ownership of stock in clearing corporation not required for deposit of securities by fiduciary or custodian.

Section 51A-5-23 - Holding in bulk of securities deposited in clearing corporation--Merger of certificates.

Section 51A-5-24 - Records of securities deposited in clearing corporation--Transfer by book entry--Certification to interested party of securities held.

Section 51A-5-25 - Approval or ratification of acceptance or relinquishment of fiduciary accounts by board of directors or committee.

Section 51A-5-26 - Supervision of investment of fiduciary funds by committee designated by board of directors.

Section 51A-5-27 - Reports of committees designated to supervise fiduciary accounts.