South Dakota Codified Laws
Chapter 03 - Express Trusts For Third Party Beneficiaries
Section 55-3-41 - Qualified person defined.

55-3-41. Qualified person defined.
For the purposes of §55-3-39, the term, qualified person, means:
(1)An individual who, except for brief intervals, military service, attendance at an educational or training institution, or for absences for good cause shown, resides in this state, whose true and permanent home is in this state, who does not have a present intention of moving from this state, and who has the intention of returning to this state when away;
(2)A trust company that is organized under Title 51A or under federal law and that has its principal place of business in this state; or
(3)A bank or savings association that possesses and exercises trust powers, has its principal place of business in this state, and the deposits of which are insured by the Federal Deposit Insurance Corporation.

Source: SL 1998, ch 282, §22.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 03 - Express Trusts For Third Party Beneficiaries

Section 55-3-1 - Application of chapter.

Section 55-3-2 - Creation of trust--Mutual consent of trustor and trustee.

Section 55-3-3 - Appointing court or public officer as trustor.

Section 55-3-4 - Declaration of trust--Declarations of trustor to trustee before acceptance.

Section 55-3-5 - Trustee to follow declaration of trust--Modifications.

Section 55-3-6 - Trust irrevocable in absence of express contrary provisions.

Section 55-3-7 - Trustee's power as agent.

Section 55-3-10 - Degree of care and diligence used in execution of trusts.

Section 55-3-11 - Investment of money by trustee--Interest, simple or compound, on omission to invest trust moneys.

Section 55-3-12 - Purchase by trustee of claims against trust property.

Section 55-3-13 - Expenses incurred by trustee in performance of trust--Reimbursement.

Section 55-3-14 - Compensation of trustee.

Section 55-3-15 - Implied trustee--No rights to compensation or repayment of expenses.

Section 55-3-16 - Vacation of office of trustee.

Section 55-3-17 - Discharge of trustee--Grounds.

Section 55-3-17.1 - Resignation of fiduciary.

Section 55-3-18 - Survivorship between cotrustees.

Section 55-3-20 - Removal of trustee by circuit court--Vacant trusteeship filled by court.

Section 55-3-20.1 - Grounds for removal of trustee.

Section 55-3-21 - Appointment of trustee by circuit court--Grounds.

Section 55-3-23 - Termination of trust.

Section 55-3-24 - Modification or termination of trust--Notice to fiduciaries--Distribution of property.

Section 55-3-25 - Petition to court for affirmation--Non-consenting beneficiaries--Distribution of property.

Section 55-3-26 - Petition to modify terms of trust--Circumstances--Distribution of property.

Section 55-3-27 - Termination of noncharitable trusts valued under one hundred fifty thousand dollars--Distribution of property.

Section 55-3-28 - Terms of trust may be reformed by court.

Section 55-3-29 - Trustee may combine or divide trusts--Rights of beneficiaries--Trust purposes--Petition to court.

Section 55-3-29.1 - Defense of laches not available.

Section 55-3-29.2 - Statute of limitations defense not available.

Section 55-3-30 - Provisions not exclusive.

Section 55-3-39 - When state law or jurisdiction provision valid, effective, and conclusive.

Section 55-3-40 - Validity, construction, and administration of trust with state jurisdiction provision.

Section 55-3-41 - Qualified person defined.

Section 55-3-42 - State jurisdiction provision defined.

Section 55-3-43 - South Dakota investments defined.

Section 55-3-44 - Trustor defined.

Section 55-3-45 - Beneficiary approval of trustee's accounting--Alternative approval of trustee's accounting--Accounting defined.

Section 55-3-46 - Effect of the laws, rules, or orders of foreign country on trust or disposition of property.

Section 55-3-46.1 - Effect of laws, rules, or orders of other states on a trust or disposition of property.

Section 55-3-47 - Cessation of trustee upon action of foreign court--Successor trustee.

Section 55-3-48 - South Dakota law governs administration of trust.

Section 55-3-49 - Enforcement of foreign judgments.