South Dakota Codified Laws
Chapter 18 - Virtual Representation
Section 55-18-3 - Effect of provisions of chapter.

55-18-3. Effect of provisions of chapter.
In any proceeding:
(1)Any notice, governing instrument, accounting, report, or other information which is provided to a representative has the same effect as if the same was given to the person represented;
(2)The consent of a representative has the same effect as if the person represented had consented;
(3)A representative may otherwise bind the person represented; and
(4)A finding, decree, judgment, ruling, or order in a judicial proceeding is binding and conclusive on all persons upon whom notice or service of process is not required pursuant to this chapter.

Source: SL 2017, ch 208, ยง3.

Structure South Dakota Codified Laws

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 55-18-16 - Findings regarding conflict of interest in judicial and nonjudicial proceedings--Immunity of representative from liability.

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 55-18-20 - Limitations on representation of settlor--Limitations on settlor's authority to bind beneficiary.

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.

Section 55-18-25 - Liability of notifier.

Section 55-18-26 - Liability of fiduciary.