55-1A-1. Powers enumerated in chapter apply to any trust unless specifically excluded--Powers as additional to common law powers.
Any or all of the powers enumerated in this chapter apply to any trust which is governed by South Dakota law unless the instrument specifically excludes any or all of the powers provided in this chapter. Further, this chapter applies without regard to the date of execution or whether such trust was created by will or inter vivos trust instrument. These powers shall be in addition to, and not in limitation of, all other common law or statutory powers of a trustee. Such powers are applicable to a trustee authorized to administer a trust estate established or to be established pursuant to the terms of a will or other written instrument, with the same effect, and subject to the same judicial interpretation and control in appropriate cases, as though such language were set forth verbatim in the instrument.
Source: SL 1979, ch 336, §2; SL 2002, ch 100, §10.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Section 55-1A-2 - Trustee defined.
Section 55-1A-5 - Retention of trust property by trustee.
Section 55-1A-6 - Additions to trust assets.
Section 55-1A-7 - Operation of business by trustee.
Section 55-1A-8 - Acquisition of undivided interest in trust asset.
Section 55-1A-9 - Investment of trust assets.
Section 55-1A-9.1 - Affiliated investments.
Section 55-1A-10 - Deposit of trust funds in bank.
Section 55-1A-11 - Disposal of trust assets.
Section 55-1A-12 - Grant or taking of option for disposition of assets.
Section 55-1A-13 - Leases by trustees.
Section 55-1A-14 - Repairs by trustee--Removal or demolition.
Section 55-1A-15 - Razing or erection of party walls or buildings.
Section 55-1A-16 - Land development or dedication--Valuation adjustments.
Section 55-1A-17 - Mineral and natural resource leases and explorations.
Section 55-1A-19 - Voting stock or securities--Voting trust agreements.
Section 55-1A-21 - Corporate powers--Stocks--Reorganizations and mergers--Sales and leases.
Section 55-1A-22 - Holding stock in nominee's name without disclosing fiduciary relationship.
Section 55-1A-23 - Borrowing money against trust assets.
Section 55-1A-24 - Contracts binding upon trust.
Section 55-1A-25 - Claims in favor of or against trust or trustee.
Section 55-1A-26 - Release of claim or lien.
Section 55-1A-27 - Payment of trust administration expenses.
Section 55-1A-28 - Creation of reserves.
Section 55-1A-30 - Distribution of property and money.
Section 55-1A-31 - Employment of agents and assistants.
Section 55-1A-32 - Prosecution or defense of actions and proceedings.
Section 55-1A-33 - Advance of income or loan to beneficiary--Lien.
Section 55-1A-34 - Advance of money for protection of trust--Lien.
Section 55-1A-35 - Execution and delivery of instruments.
Section 55-1A-36 - Holding of two or more trusts with undivided interests.
Section 55-1A-37 - Citation of chapter.
Section 55-1A-38 - Trustee may perform necessary and appropriate acts.
Section 55-1A-39 - Disclaimer of powers by trustee--Time limit.