South Dakota Codified Laws
Chapter 08 - Registration And Transfer Of Securities Held By Fiduciaries
Section 55-8-8 - Assignment of security by fiduciary not the registered owner--Evidence of appointment or incumbency.

55-8-8. Assignment of security by fiduciary not the registered owner--Evidence of appointment or incumbency.
A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:
(1)In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within sixty days before the transfer; or
(2)In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this subdivision provided such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subdivision (2) except to the extent that the contents relate directly to the appointment or incumbency.

Source: SL 1961, ch 22, ยง4.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 08 - Registration And Transfer Of Securities Held By Fiduciaries

Section 55-8-1 - Definition of terms.

Section 55-8-2 - Rights and duties of corporation and transfer agent--Law governing.

Section 55-8-3 - Application of chapter.

Section 55-8-4 - Registration of security in name of fiduciary.

Section 55-8-5 - Assignment of security by fiduciary--Assumption as to authority and capacity.

Section 55-8-6 - Assignment of security by fiduciary--Compliance with controlling instrument and law governing fiduciary relationship assumed.

Section 55-8-7 - Assignment of security by fiduciary--Corporation or transfer agent not charged with notice of records or documents.

Section 55-8-8 - Assignment of security by fiduciary not the registered owner--Evidence of appointment or incumbency.

Section 55-8-9 - Claim of beneficial interest adverse to transfer of security--Written notice to corporation or transfer agent, contents.

Section 55-8-10 - Claim of beneficial interest adverse to transfer of security--Notice of presentment to claimant--Restraining order.

Section 55-8-11 - Liability of corporation or transfer agent for making or refusing transfer.

Section 55-8-12 - Nonliability of corporation or transfer agent for authorized acts.

Section 55-8-13 - Participation in breach of fiduciary duty--Nonliability of third persons.

Section 55-8-14 - Liability of guarantor of signature of fiduciary.

Section 55-8-15 - Corporation and transfer agent not liable for breach of fiduciary duty or on guarantee of fiduciary's signature.

Section 55-8-16 - Tax obligations of corporation or transfer agent not affected by chapter.

Section 55-8-17 - Uniformity of interpretation.

Section 55-8-18 - Citation of chapter.