55-16-4. Persons and entities not to be considered qualified person--Appointment, removal, or replacement of co-trustee, trust advisor, or trust protector.
Neither the transferor nor any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in §55-16-3 may be considered a qualified person. However, nothing in this chapter precludes a transferor from appointing, removing, or replacing one or more co-trustees, trust advisors, or trust protectors, regardless of whether or not such trust advisor or trust protector is a fiduciary.
Source: SL 2005, ch 261, §4; SL 2006, ch 243, §5; SL 2011, ch 212, §6.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 16 - Qualified Dispositions In Trust
Section 55-16-1 - Definitions.
Section 55-16-2 - Trust instrument defined.
Section 55-16-3 - Qualified person defined.
Section 55-16-5 - Service as investment trust advisor--Service as fiduciary by transferor.
Section 55-16-6 - Successor qualified person.
Section 55-16-8 - Powers and rights of transferor--Effect on qualified disposition.
Section 55-16-9 - Creditors' actions limited to transfers with intent to defraud.
Section 55-16-10 - Requirements for bringing claim for fraudulent transfer of settlor's assets.
Section 55-16-11 - Disposition by transferor who is a trustee--Time of disposition.
Section 55-16-14 - Multiple qualified dispositions in same trust instrument.