South Dakota Codified Laws
Chapter 02 - Duties And Liabilities Of Trustees
Section 55-2-16 - Action that may not be taken by restricted trustee may be taken by another unrestricted trustee.

55-2-16. Action that may not be taken by restricted trustee may be taken by another unrestricted trustee.
Any action that may not be taken by a trustee of the first trust by reason of the restrictions in subdivision 55-2-15(2) may instead be taken by any other trustee of the first trust who is not so restricted, or, if none, by the next available party who can be a successor trustee and who is not so restricted. The second trust may be a trust created or administered under the laws of any jurisdiction, within or without the United States.

Source: SL 2007, ch 281, ยง2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 02 - Duties And Liabilities Of Trustees

Section 55-2-1 - Trustee's obligation of good faith.

Section 55-2-2 - Trustee not to use property for his own benefit--Profit of trustee from use of property, extent of liability.

Section 55-2-3 - Transactions involving interest of trustee adverse to beneficiary prohibited--Exceptions.

Section 55-2-4 - Trustee's influence not to be used for his advantage.

Section 55-2-5 - Trustee not to assume a trust adverse to the interest of beneficiary.

Section 55-2-6 - Adverse interest of trustee--Information to beneficiary--Removal of trustee.

Section 55-2-7 - Fraud against beneficiary of trust.

Section 55-2-8 - Presumption against trustee.

Section 55-2-9 - Liability of trustee mingling trust property with his own.

Section 55-2-10 - Measure of liability for unauthorized use or disposal of trust property--Intent to serve interest of beneficiary.

Section 55-2-11 - Liability for acts of cotrustee.

Section 55-2-12 - Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary.

Section 55-2-13 - Notice to qualified beneficiaries of existence of trust--Written directions--Information to be provided to excluded fiduciaries--Liability limits of trustee--Variation of right of a beneficiary to be informed--Confidentiality of tru...

Section 55-2-14 - Duty to provide information regarding revocable trust and its administration.

Section 55-2-15 - Trustee authorized to distribute income or principal from first trust may appoint all or part in favor of trustee of second trust--Restrictions--Power of appointment to beneficiary of second trust.

Section 55-2-16 - Action that may not be taken by restricted trustee may be taken by another unrestricted trustee.

Section 55-2-17 - Conditions under which beneficiary has power to change trustees.

Section 55-2-18 - Exercise of power to distribute income or principal by written instrument--Notice to beneficiaries of first trust.

Section 55-2-19 - Exercise of power to distribute income or principal considered exercise of power of appointment.

Section 55-2-20 - Impermissible use of power.

Section 55-2-21 - Trustee's right to distribute income or principal in trust arising under law or terms of first trust not abridged.

Section 55-2-22 - Fiduciary duty to determine that substituted property is of equivalent value.

Section 55-2-23 - Reliance of excluded fiduciaries and trustees on tax information.