South Dakota Codified Laws
Chapter 09 - Charitable Trusts
Section 55-9-1 - Express trusts--Creation for charitable, educational, religious, or other public use.

55-9-1. Express trusts--Creation for charitable, educational, religious, or other public use.
Express trusts of real or personal property, or both, may be created to receive by grant, devise, gift, or bequest, and to take charge of, invest and administer in accordance with the terms of the trust, upon and for any charitable, benevolent, educational, religious or other public use or trust.

Source: SL 1955, ch 429, §1; SDC Supp 1960, §59.0601.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 09 - Charitable Trusts

Section 55-9-1 - Express trusts--Creation for charitable, educational, religious, or other public use.

Section 55-9-2 - Validity of trust not affected by uncertainty or violation of rule against perpetuities--Disposal of property by trustee.

Section 55-9-3 - Action to enforce charitable trust--Liberal construction to carry out intent--Notice of action to attorney general.

Section 55-9-4 - Incomplete or imperfect trust--Purposes impracticable or impossible of performance--Administration to accomplish general purpose--Order of court with consent of donor, if alive and competent.

Section 55-9-5 - Enforcement by attorney general as representative of beneficiaries--Exception.

Section 55-9-6 - Restrictions to avoid taxability of income--Definition of terms.

Section 55-9-7 - Restrictions deemed incorporated in instrument creating charitable trust or foundation.

Section 55-9-8 - Self-dealing by trustee prohibited.

Section 55-9-9 - Distributions required to avoid taxes.

Section 55-9-10 - Retention of excess business holdings prohibited.

Section 55-9-11 - Investments to jeopardize exempt purposes prohibited.

Section 55-9-12 - Taxable expenditures prohibited.

Section 55-9-13 - Judicial determination that restrictive provisions are contrary to instrument creating trust.

Section 55-9-14 - State supervisory powers unimpaired by restrictions to avoid taxability of income.