55-18-23. Provisions of governing instrument.
A governing instrument may require additional notification or consent than otherwise required by law. Unless expressly authorized by the governing instrument, a person designated by a governing instrument to represent another person or class of persons may not represent such person or class of persons while that designee is serving as a trustee or co-trustee of such trust.
A governing instrument which authorizes a person or fiduciary to appoint a representative may also identify or describe a person, several persons, a class of persons, or a description of persons who may not be appointed as representatives as to all or certain represented persons or matters or during a period of time.
Source: SL 2017, ch 208, ยง23.
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.