54-10-3. Failure of secured creditor to disclose existence of security--Effect of concealment.
Any secured creditor who with intent to evade the provisions of this chapter fails to disclose the existence of the security shall not be entitled to receive or retain dividends out of the general assets, unless he thereafter releases or surrenders to the liquidator the security which he has failed to disclose, or unless he procures such release or surrender if the security is in the possession of an endorser, surety, or other person secondarily liable for the insolvent debtor.
Source: SL 1941, ch 162, §3; SDC Supp 1960, §37.26A03.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 10 - Secured Creditors' Claims In Liquidation Proceedings
Section 54-10-1 - Definition of terms.
Section 54-10-2 - Secured creditor's claim against general assets--Disclosure of nature of security.
Section 54-10-4 - Dividends to secured creditors--Computation.
Section 54-10-5 - Obligation for payment of money as security--Determination of value.
Section 54-10-6 - Security other than obligation for the payment of money--Determination of value.
Section 54-10-11 - Value of exempt security not credited upon claim.
Section 54-10-12 - Application of chapter to existing transactions.