South Dakota Codified Laws
Chapter 13A - Uniform Principal And Income Act
Section 55-13A-415 - Asset-backed securities.

55-13A-415. Asset-backed securities.
(a) In this section, the term, asset- backed security, means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. The term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. The term does not include an asset to which §55-13A-401 or 55-13A-409 applies.
(b) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal.
(c) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the security over more than one accounting period, the trustee shall allocate ten percent of the payment to income and the balance to principal.

Source: SL 2007, ch 282, §25.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 13A - Uniform Principal And Income Act

Section 55-13A-101 - Short title.

Section 55-13A-102 - Definitions.

Section 55-13A-103 - Fiduciary duties--General principles.

Section 55-13A-104 - Trustee's power to adjust.

Section 55-13A-105 - Judicial control of discretionary power.

Section 55-13A-201 - Determination and distribution of net income.

Section 55-13A-202 - Distribution to residuary and remainder beneficiaries.

Section 55-13A-301 - When right to income begins and ends.

Section 55-13A-302 - Apportionment of receipts and disbursements when decedent dies or income interest begins.

Section 55-13A-303 - Apportionment when income interest ends.

Section 55-13A-401 - Character of receipts.

Section 55-13A-402 - Distribution from trust or estate.

Section 55-13A-403 - Business and other activities conducted by trustee.

Section 55-13A-404 - Principal receipts.

Section 55-13A-405 - Rental property.

Section 55-13A-406 - Obligation to pay money.

Section 55-13A-407 - Insurance policies and similar contracts.

Section 55-13A-408 - Insubstantial allocations not required.

Section 55-13A-409 - Deferred compensation, annuities, and similar payments.

Section 55-13A-410 - Liquidating asset.

Section 55-13A-411 - Minerals, water, and other natural resources.

Section 55-13A-412 - Timber.

Section 55-13A-413 - Property not productive of income.

Section 55-13A-414 - Derivatives and options.

Section 55-13A-415 - Asset-backed securities.

Section 55-13A-501 - Disbursements from income.

Section 55-13A-502 - Disbursements from principal.

Section 55-13A-503 - Transfers from income to principal for depreciation.

Section 55-13A-504 - Transfers from income to reimburse principal.

Section 55-13A-505 - Income taxes.

Section 55-13A-506 - Adjustments between principal and income because of taxes.

Section 55-13A-601 - Uniformity of application and construction.

Section 55-13A-602 - Application of chapter to existing trusts and estates.