59-3-11. Exceptions to general authority--Forbidden acts.
An authority expressed in general terms, however broad, does not authorize an agent to do any act that a trustee is forbidden to do by the law on trusts or that an agent is forbidden to do by the law on fiduciary access to digital assets.
Source: CivC 1877, §1361, subdiv 3; CL 1887, §3984, subdiv 3; RCivC 1903, §1680, subdiv 3; RC 1919, §1262 (3); SDC 1939, §3.0205 (3); SL 2017, ch 209, §28.
Structure South Dakota Codified Laws
Section 59-3-1 - Agent may perform acts permitted to principal.
Section 59-3-2 - Actual authority defined.
Section 59-3-3 - Ostensible authority defined.
Section 59-3-4 - Agent's general authority.
Section 59-3-5 - Agent's necessary authority--Ordinary course of business.
Section 59-3-6 - Agent's necessary authority--Representation as to matter of fact.
Section 59-3-7 - Agent's power to disobey instructions.
Section 59-3-8 - Agent cannot have authority to defraud principal.
Section 59-3-9 - Exceptions to general authority--Agent cannot act in own name.
Section 59-3-10 - Exceptions to general authority--Scope of agency cannot be defined.
Section 59-3-11 - Exceptions to general authority--Forbidden acts.
Section 59-3-12 - Authority to sell real property--Power to give warranty.
Section 59-3-13 - Authority to sell personal property--Power to give warranties.
Section 59-3-14 - Authority to receive price of property.
Section 59-3-15 - Agent's delegation of powers.
Section 59-3-16 - Subagent, lawfully appointed, represents principal.
Section 59-3-17 - Responsibility as between principal and agent of agent.
Section 59-3-18 - Agent's unauthorized employment of subagent.