55-18-15. Disclosure of conflict of interest by notifier.
Unless notice of a conflict of interest has been carried out pursuant to §55-18-14, if the notifier knows that a representative has a conflict of interest with respect to the matter in question, the notifier shall timely disclose the nature of the conflict of interest:
(1)In a judicial proceeding to the interested parties and the court; or
(2)Otherwise, to the representative, the trustee, and, to the extent the person represented can be reasonably notified, to the person represented along with notification that that person may elect not to be bound pursuant to subdivision 55-18-4(4).
Source: SL 2017, ch 208, §15; SL 2018, ch 275, §36.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 18 - Virtual Representation
Section 55-18-1 - Definitions.
Section 55-18-2 - Application of chapter to proceedings involving persons interested in trust.
Section 55-18-3 - Effect of provisions of chapter.
Section 55-18-4 - Conditions under which representative may not bind person represented.
Section 55-18-5 - Notice, service of process, and consent not required of certain persons.
Section 55-18-6 - Notice or consent respecting co-representatives.
Section 55-18-7 - Demand for notice.
Section 55-18-8 - Notice to Department of Social Services.
Section 55-18-9 - Persons who may bind others.
Section 55-18-10 - Disclosure of information regarding representatives.
Section 55-18-11 - Refusal to act as representative.
Section 55-18-12 - Petition for advance approval of action.
Section 55-18-13 - Representative with conflict of interest.
Section 55-18-14 - Disclosure of conflict of interest by representative.
Section 55-18-15 - Disclosure of conflict of interest by notifier.
Section 55-18-17 - Discretion of representative--Fiduciary status.
Section 55-18-18 - Compensation of representative.
Section 55-18-19 - Appointment of court representative.
Section 55-18-21 - Limitations on trustee's authority to bind beneficiary.
Section 55-18-22 - Unauthorized practice of law not permitted.
Section 55-18-23 - Provisions of governing instrument.
Section 55-18-24 - Construction with chapter 29A-1.