55-10A-19. Liability to third persons.
A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
No custodian is personally liable:
(1)On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2)For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
No minor is personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Source: SL 1986, ch 409, ยง19.
Structure 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-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-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.