South Dakota Codified Laws
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-2 - Deposit of trust fund in banking institution or association--Violation as misdemeanor.

55-11-2. Deposit of trust fund in banking institution or association--Violation as misdemeanor.
Within ten days after receipt, the person holding money in trust under §55-11-1 shall deposit it in a banking institution, or place the money in an account in a savings and loan association, or a federal credit union organized under the laws of this state or of the United States of America, provided, however, such institutions are domiciled in the state of South Dakota, and the deposits or accounts of which banking institution, federal credit union or association are guaranteed by the federal government or insured by an instrumentality of the federal government. The money shall be carried in a trust account in the name of the depositor as trustee for the person who will receive the benefit of the property and services upon his death. Any person intentionally violating the provisions of this section is guilty of a Class 1 misdemeanor.

Source: SL 1953, ch 496, §§2, 4; SDC Supp 1960, §§27.1410, 27.9954; SL 1967, ch 104, §2; SL 1980, ch 24, §109; SL 1986, ch 408, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 11 - Prearranged Funeral Trusts

Section 55-11-1 - End-of-life directives--Prearranged funeral contract--Portion of money paid under contract held in trust.

Section 55-11-1.1 - Personal property and professional services to be provided under prearranged funeral trust contract.

Section 55-11-2 - Deposit of trust fund in banking institution or association--Violation as misdemeanor.

Section 55-11-3 - Contract to be in writing--Copies furnished depository and personal representative of contracting party--Clause concerning trust fund required.

Section 55-11-3.1 - Clause required in contract not providing guaranteed price.

Section 55-11-4 - Financial institution receiving money in trust--Acknowledgment on copy of prearranged funeral contract.

Section 55-11-5 - Cancellation of contract creating revocable trust.

Section 55-11-5.1 - Return of payments required on revocation under contract with guaranteed price.

Section 55-11-7 - Solicitation of funeral trust contracts--Annual registration required--Exception--Unauthorized solicitation or sale prohibited--Violation as misdemeanor.

Section 55-11-8 - Information to be submitted upon registration.

Section 55-11-9 - Annual report required--Contents--Filing fee--Confidentiality--Violation as misdemeanor.

Section 55-11-10 - Applicability of § 37-24-5.4.

Section 55-11-11 - Prearranged funeral contract pooled funds trust--Creation--Separate accounts--When consent of purchaser required.

Section 55-11-12 - Death or relocation of beneficiary of irrevocable prearranged funeral trust--Seller's option to provide comparable services or return deposits and interest--Disposition of funds.

Section 55-11-12.1 - Disbursement of funds in irrevocable prearranged funeral trust.

Section 55-11-13 - Prearranged funeral contract not burial insurance.

Section 55-11-14 - Applicability of act to certain contracts.

Section 55-11-15 - Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.