55-15-9. Administration of total return unitrust--Authority of trustee.
In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine:
(1)The effective date of the conversion;
(2)The timing of distributions (including provisions for prorating a distributions for a short year in which a beneficiary' right to payments commences or ceases);
(3)Whether distributions are to be made in cash or in kind or partly in cash and partly in kind;
(4)If the trust is reconverted to an income trust, the effective date of such reconversion; and
(5)Such other administrative issues as may be necessary or appropriate to carry out the purposes of this chapter.
Source: SL 2002, ch 225, §9.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 15 - Total Return Unitrusts
Section 55-15-1 - Definitions.
Section 55-15-3 - Interested trustee's authority over actions enumerated in § 55-15-2--Conditions.
Section 55-15-4 - Trustee may petition court--Appointment of disinterested person.
Section 55-15-5 - Annual valuation of trust required.
Section 55-15-6 - Calculation of unitrust amount.
Section 55-15-9 - Administration of total return unitrust--Authority of trustee.
Section 55-15-10 - Distributions of principal not affected by conversion.
Section 55-15-12 - Applicability of chapter.
Section 55-15-13 - Trustee acting in good faith not liable--Remedy.
Section 55-15-14 - No duty to act created.
Section 55-15-15 - Chapter not applicable to charitable remainder unitrust.