55-9-7. Restrictions deemed incorporated in instrument creating charitable trust or foundation.
Any will or trust instrument creating a trust which is a private foundation, charitable trust, or a split-interest trust and any other instrument governing the trustee of any such trust or the use, retention, or disposition of any of the income or property of such trust, shall be deemed to have incorporated within such will, trust instrument, or other governing instrument with the same effect as though such language were set forth verbatim in such will, trust instrument, or other governing instrument, the provisions set forth in §§55-9-8 to 55-9-12, inclusive, with respect to such trust and the trustee thereof, and, except as the contrary is provided in §§55-9-13 and 55-9-14, such provisions shall govern the administration and distribution of any such trust irrespective of any provisions of any applicable will, trust instrument, or other governing instrument, statute or law of this state to the contrary.
Source: SL 1972, ch 259, §2.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 09 - Charitable Trusts
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 55-9-8 - 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 55-9-14 - State supervisory powers unimpaired by restrictions to avoid taxability of income.