South Dakota Codified Laws
Chapter 10A - Uniform Transfers To Minors Act
Section 55-10A-1 - Definitions.

55-10A-1. Definitions.
Terms used in this chapter mean:
(1)"Adult," a person who has attained the age of eighteen years;
(2)"Benefit plan," an employer's plan for the benefit of an employee or partner;
(3)"Broker," a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others;
(4)"Conservator," a person appointed or qualified by a court to act as general, limited or temporary conservator of a minor's property or a person legally authorized to perform substantially the same functions;
(5)"Custodial property," any interest in property transferred to a custodian under this chapter and the income from and proceeds of that interest in property;
(6)"Custodian," a person so designated under §55-10A-9 or a successor or substitute custodian designated under §55-10A-18;
(7)"Financial institution," a bank, trust company, savings institution or credit union, chartered and supervised under state or federal law;
(8)"Legal representative," an individual's personal representative or conservator;
(9)"Member of the minor's family," the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption;
(10)"Minor," a person who has not attained the age of eighteen years;
(11)"Personal representative," an executor, administrator, successor personal representative or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions;
(11A)"Qualified minor's trust," a trust, including a trust created by a custodian, of which a minor is the sole income beneficiary and that satisfies the requirements of Section 2503(c) of the Federal Internal Revenue Code of 1986 and the regulations implementing that section;
(12)"State," includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;
(13)"Transfer," a transaction that creates custodial property under §55-10A-9;
(14)"Transferor," a person who makes a transfer under this chapter; and
(15)"Trust company," a financial institution, corporation or other legal entity, authorized to exercise general trust powers.

Source: SL 1986, ch 409, §1; SL 1993, ch 213, §256; SL 2008, ch 257, §13.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 10A - Uniform Transfers To Minors Act

Section 55-10A-1 - Definitions.

Section 55-10A-2 - Scope and jurisdiction.

Section 55-10A-3 - Nomination of custodian.

Section 55-10A-4 - Transfer by gift or exercise of power of appointment.

Section 55-10A-5 - Transfer authorized by will or trust.

Section 55-10A-6 - Other transfer by fiduciary.

Section 55-10A-7 - Transfer by obligor.

Section 55-10A-8 - Receipt for custodial property.

Section 55-10A-9 - Manner of creating custodial property and effecting transfer.

Section 55-10A-10 - Designation of initial custodian.

Section 55-10A-11 - Control.

Section 55-10A-12 - Single custodianship.

Section 55-10A-13 - Validity and effect of transfer.

Section 55-10A-14 - Care of custodial property.

Section 55-10A-15 - Powers of custodian.

Section 55-10A-16 - Use of custodial property.

Section 55-10A-17 - Custodian's expenses, compensation, and bond.

Section 55-10A-18 - Exemption of third person from liability.

Section 55-10A-19 - Liability to third persons.

Section 55-10A-20 - Renunciation, resignation, death, or removal of custodian--Designation of successor custodian.

Section 55-10A-21 - Accounting by and determination of liability of custodian.

Section 55-10A-22 - Termination of custodianship.

Section 55-10A-23 - Applicability.

Section 55-10A-24 - Effect on existing custodianships.

Section 55-10A-25 - Short title.

Section 55-10A-26 - Repeal of the Gifts to Minors Act.