South Dakota Codified Laws
Title 59 - Agency

Section 59-1-3 - Authority construed by specific rather than general terms. - 59-1-3. Authority construed by specific rather than general terms. If...

Section 59-1-4 - Actual agency. - 59-1-4. Actual agency. Agency is actual when the principal appoints...

Section 59-1-5 - Ostensible agency. - 59-1-5. Ostensible agency. Agency is ostensible when by conduct or...

Chapter 02 - Creation Of Agency

Section 59-2-1 - Capacity to create. - 59-2-1. Capacity to create. Any person with capacity to contract...

Section 59-2-2 - Creation by precedent authorization or subsequent ratification--Consideration unnecessary. - 59-2-2. Creation by precedent authorization or subsequent ratification--Consideration unnecessary. The...

Section 59-2-3 - Form of authority. - 59-2-3. Form of authority. An oral authorization is sufficient for...

Section 59-2-4 - Ratification of agent's act. - 59-2-4. Ratification of agent's act. Ratification can be made only...

Section 59-2-5 - Ratification of part of a transaction. - 59-2-5. Ratification of part of a transaction. Ratification of part...

Section 59-2-6 - Ratification not to work injury to third persons. - 59-2-6. Ratification not to work injury to third persons. No...

Section 59-2-7 - Rescission of ratification. - 59-2-7. Rescission of ratification. A ratification may be rescinded when...

Chapter 03 - Powers Of Agent

Section 59-3-1 - Agent may perform acts permitted to principal. - 59-3-1. Agent may perform acts permitted to principal. Every act...

Section 59-3-2 - Actual authority defined. - 59-3-2. Actual authority defined. Actual authority is such as a...

Section 59-3-2.1 - Authority to request, receive, review, and disclose information regarding principal's health. - 59-3-2.1. Authority to request, receive, review, and disclose information regarding...

Section 59-3-3 - Ostensible authority defined. - 59-3-3. Ostensible authority defined. Ostensible authority is such as a...

Section 59-3-4 - Agent's general authority. - 59-3-4. Agent's general authority. Every agent has actually such authority...

Section 59-3-5 - Agent's necessary authority--Ordinary course of business. - 59-3-5. Agent's necessary authority--Ordinary course of business. An agent has...

Section 59-3-6 - Agent's necessary authority--Representation as to matter of fact. - 59-3-6. Agent's necessary authority--Representation as to matter of fact. An...

Section 59-3-7 - Agent's power to disobey instructions. - 59-3-7. Agent's power to disobey instructions. An agent has power...

Section 59-3-8 - Agent cannot have authority to defraud principal. - 59-3-8. Agent cannot have authority to defraud principal. An agent...

Section 59-3-9 - Exceptions to general authority--Agent cannot act in own name. - 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. - 59-3-10. Exceptions to general authority--Scope of agency cannot be defined....

Section 59-3-11 - Exceptions to general authority--Forbidden acts. - 59-3-11. Exceptions to general authority--Forbidden acts. An authority expressed in...

Section 59-3-12 - Authority to sell real property--Power to give warranty. - 59-3-12. Authority to sell real property--Power to give warranty. Authority...

Section 59-3-13 - Authority to sell personal property--Power to give warranties. - 59-3-13. Authority to sell personal property--Power to give warranties. Authority...

Section 59-3-14 - Authority to receive price of property. - 59-3-14. Authority to receive price of property. A general agent...

Section 59-3-15 - Agent's delegation of powers. - 59-3-15. Agent's delegation of powers. An agent, unless specially forbidden...

Section 59-3-16 - Subagent, lawfully appointed, represents principal. - 59-3-16. Subagent, lawfully appointed, represents principal. A subagent, lawfully appointed,...

Section 59-3-17 - Responsibility as between principal and agent of agent. - 59-3-17. Responsibility as between principal and agent of agent. A...

Section 59-3-18 - Agent's unauthorized employment of subagent. - 59-3-18. Agent's unauthorized employment of subagent. If an agent employ...

Chapter 04 - Agent's Duty To Principal

Section 59-4-1 - Agent must keep principal informed. - 59-4-1. Agent must keep principal informed. An agent must use...

Section 59-4-2 - Collecting agent. - 59-4-2. Collecting agent. An agent employed to collect a negotiable...

Chapter 05 - Agent's Responsibility To Third Persons

Section 59-5-1 - Warranty of authority. - 59-5-1. Warranty of authority. One who assumes to act as...

Section 59-5-2 - Agent's responsibility as principal. - 59-5-2. Agent's responsibility as principal. One who assumes to act...

Section 59-5-3 - Surrender to third person of property received for principal. - 59-5-3. Surrender to third person of property received for principal....

Chapter 06 - Relationship Between Principal And Third Persons

Section 59-6-1 - Rights and liabilities accruing to principal. - 59-6-1. Rights and liabilities accruing to principal. All rights and...

Section 59-6-2 - Agent exceeding authority--Liability of principal. - 59-6-2. Agent exceeding authority--Liability of principal. When an agent exceeds...

Section 59-6-3 - Principal bound by acts of agent under ostensible authority. - 59-6-3. Principal bound by acts of agent under ostensible authority....

Section 59-6-4 - Principal bound by agent's writings. - 59-6-4. Principal bound by agent's writings. Any instrument within the...

Section 59-6-5 - Notice to agent or principal. - 59-6-5. Notice to agent or principal. As against a principal...

Section 59-6-6 - Incomplete execution binding on principal. - 59-6-6. Incomplete execution binding on principal. A principal is bound...

Section 59-6-7 - Exclusive credit given to agent--Exoneration of principal. - 59-6-7. Exclusive credit given to agent--Exoneration of principal. If exclusive...

Section 59-6-8 - Setoff by person dealing with agent without knowledge of agency. - 59-6-8. Setoff by person dealing with agent without knowledge of...

Section 59-6-9 - Responsibility of principal for agent's negligence or omission. - 59-6-9. Responsibility of principal for agent's negligence or omission. Unless...

Section 59-6-10 - Principal not responsible for unauthorized wrongs or omissions. - 59-6-10. Principal not responsible for unauthorized wrongs or omissions. The...

Section 59-6-11 - Durable Power of Attorney--Presumption--Liability--Exceptions. - 59-6-11. Durable Power of Attorney--Presumption--Liability--Exceptions. A durable power of attorney...

Chapter 07 - Termination Of Agency

Section 59-7-1 - Acts constituting termination. - 59-7-1. Acts constituting termination. An agency is terminated as to...

Section 59-7-2 - Termination where power of agent not coupled with an interest. - 59-7-2. Termination where power of agent not coupled with an...

Section 59-7-2.1 - Principal--Designation--Healthcare. - 59-7-2.1. Principal--Designation--Healthcare. Notwithstanding §59-7-2, a principal may designate another as...

Section 59-7-2.4 - Nomination--Health care--Guardian--Conservator. - 59-7-2.4. Nomination--Health care--Guardian--Conservator. A principal may nominate by a durable...

Section 59-7-2.5 - Health care decisions by agent. - 59-7-2.5. Health care decisions by agent. The attorney-in-fact or agent...

Section 59-7-2.6 - Physician's determination of principal's decisional capacity. - 59-7-2.6. Physician's determination of principal's decisional capacity. The attorney-in-fact or...

Section 59-7-2.7 - Comfort care required--Conditions for withdrawal of artificial nutrition or hydration. - 59-7-2.7. Comfort care required--Conditions for withdrawal of artificial nutrition or...

Section 59-7-2.8 - Artificial nutrition and hydration for pregnant woman--Certification by physicians. - 59-7-2.8. Artificial nutrition and hydration for pregnant woman--Certification by physicians....

Section 59-7-8 - Immunity. - 59-7-8. Immunity. A physician or other health care provider as...

Section 59-7-9 - Acts pursuant to durable power of attorney--Absent termination provision, authority not affected by time lapse since execution of instrument. - 59-7-9. Acts pursuant to durable power of attorney--Absent termination provision,...

Section 59-7-11 - Appointment of guardian terminates power of attorney. - 59-7-11. Appointment of guardian terminates power of attorney. If, after...

Chapter 08 - Auctioneers

Section 59-8-1 - Authority from seller. - 59-8-1. Authority from seller. An auctioneer in the absence of...

Section 59-8-2 - Memorandum binding both parties. - 59-8-2. Memorandum binding both parties. An auctioneer has authority from...

Chapter 09 - Factors

Section 59-9-1 - Factor defined. - 59-9-1. Factor defined. A factor is an agent, who, in...

Section 59-9-2 - Obedience required of factor. - 59-9-2. Obedience required of factor. A factor must obey the...

Section 59-9-3 - Liability under guaranty commission. - 59-9-3. Liability under guaranty commission. A factor who charges his...

Section 59-9-4 - Factor cannot relieve himself from liability without principal's consent. - 59-9-4. Factor cannot relieve himself from liability without principal's consent....

Section 59-9-5 - Actual authority to sell on credit, restrictions. - 59-9-5. Actual authority to sell on credit, restrictions. In addition...

Section 59-9-6 - Insurance of uninsured property consigned to factor. - 59-9-6. Insurance of uninsured property consigned to factor. In addition...

Section 59-9-7 - Delegation of authority to partner or servant. - 59-9-7. Delegation of authority to partner or servant. In addition...

Section 59-9-8 - Ostensible authority. - 59-9-8. Ostensible authority. A factor has ostensible authority to deal...

Chapter 10 - Uniform Athlete Agents Act

Section 59-10-1 - Short title. - 59-10-1. Short title. This chapter may be cited as the...

Section 59-10-2 - Definitions. - 59-10-2. Definitions. In this chapter: (1)"Agency contract," an agreement in...

Section 59-10-3 - Service of process--Subpoenas. - 59-10-3. Service of process--Subpoenas. (a) By acting as an athlete...

Section 59-10-4 - Athlete agents--Registration required--Void contracts. - 59-10-4. Athlete agents--Registration required--Void contracts. (a) Except as otherwise provided...

Section 59-10-5 - Registration as athlete agent--Form--Requirements. - 59-10-5. Registration as athlete agent--Form--Requirements. (a) An applicant for registration...

Section 59-10-6 - Certificate of registration--Issuance or denial--Renewal. - 59-10-6. Certificate of registration--Issuance or denial--Renewal. (a) Except as otherwise...

Section 59-10-7 - Suspension, revocation, or refusal to renew registration. - 59-10-7. Suspension, revocation, or refusal to renew registration. (a) The...

Section 59-10-8 - Temporary registration. - 59-10-8. Temporary registration. The secretary of the Department of Labor...

Section 59-10-9 - Registration and renewal fees. - 59-10-9. Registration and renewal fees. An application for registration or...

Section 59-10-10 - Required form of contract. - 59-10-10. Required form of contract. (a) An agency contract must...

Section 59-10-11 - Notice to educational institution. - 59-10-11. Notice to educational institution. (a) Within seventy-two hours after...

Section 59-10-12 - Student-athlete's right to cancel. - 59-10-12. Student-athlete's right to cancel. (a) A student-athlete may cancel...

Section 59-10-13 - Required records. - 59-10-13. Required records. (a) An athlete agent shall retain the...

Section 59-10-14 - Prohibited conduct. - 59-10-14. Prohibited conduct. (a) An athlete agent, with the intent...

Section 59-10-15 - Criminal penalties. - 59-10-15. Criminal penalties. An athlete agent who violates §59-10-14 is...

Section 59-10-16 - Civil remedies. - 59-10-16. Civil remedies. (a) An educational institution has a right...

Section 59-10-17 - Administrative penalty. - 59-10-17. Administrative penalty. The secretary of the Department of Labor...

Section 59-10-18 - Uniformity of application and construction. - 59-10-18. Uniformity of application and construction. In applying and construing...

Section 59-10-19 - Electronic Signatures in Global National Commerce Act. - 59-10-19. Electronic Signatures in Global National Commerce Act. The provisions...

Section 59-10-20 - Severability. - 59-10-20. Severability. If any provision of this chapter or its...

Chapter 11 - Model Registered Agents Act

Section 59-11-1 - Short title. - 59-11-1. Short title. This chapter may be cited as the...

Section 59-11-2 - Definition of terms. - 59-11-2. Definition of terms. Terms used in this chapter mean:...

Section 59-11-3 - Filing fees. - 59-11-3. Filing fees. The secretary of state shall collect the...

Section 59-11-4 - Copying and certification fees. - 59-11-4. Copying and certification fees. The secretary of state shall...

Section 59-11-5 - Addresses in filings. - 59-11-5. Addresses in filings. Whenever a provision of this chapter...

Section 59-11-6 - Appointment of registered agent. - 59-11-6. Appointment of registered agent. A registered agent filing must...

Section 59-11-7 - Listing of commercial registered agent. - 59-11-7. Listing of commercial registered agent. An individual or a...

Section 59-11-8 - Index of commercial registered agent listing statements. - 59-11-8. Index of commercial registered agent listing statements. The secretary...

Section 59-11-9 - Termination of listing of commercial registered agent. - 59-11-9. Termination of listing of commercial registered agent. A commercial...

Section 59-11-10 - Service of process until new registered agent is appointed. - 59-11-10. Service of process until new registered agent is appointed....

Section 59-11-11 - Change of registered agent by entity. - 59-11-11. Change of registered agent by entity. A represented entity...

Section 59-11-12 - Change of name or address by noncommercial registered agent. - 59-11-12. Change of name or address by noncommercial registered agent....

Section 59-11-13 - Change of name, address, or type of organization by commercial registered agent. - 59-11-13. Change of name, address, or type of organization by...

Section 59-11-14 - Cancellation of listing for failure to file statement of change of address. - 59-11-14. Cancellation of listing for failure to file statement of...

Section 59-11-15 - Resignation of registered agent. - 59-11-15. Resignation of registered agent. A registered agent may resign...

Section 59-11-16 - Service of process on entities. - 59-11-16. Service of process on entities. A registered agent is...

Section 59-11-17 - Alternative service of process. - 59-11-17. Alternative service of process. If process, notice, or demand...

Section 59-11-18 - Forms of service. - 59-11-18. Forms of service. Service of process, notice, or demand...

Section 59-11-19 - Perfection of service. - 59-11-19. Perfection of service. Service of process, notice, or demand...

Section 59-11-20 - Duties of registered agent. - 59-11-20. Duties of registered agent. The only duties under this...

Section 59-11-21 - Jurisdiction and venue. - 59-11-21. Jurisdiction and venue. The appointment or maintenance in this...

Section 59-11-22 - Consistency of application. - 59-11-22. Consistency of application. In applying and construing this chapter,...

Section 59-11-23 - Relation to Electronic Signatures in Global and National Commerce Act. - 59-11-23.Relation to Electronic Signatures in Global and National Commerce Act....

Section 59-11-24 - Annual report. - 59-11-24. Annual report. Each filing entity or qualified foreign entity,...

Section 59-11-24.1 - Voluntary disclosure of beneficial interests. - 59-11-24.1. Voluntary disclosure of beneficial interests. In addition to filing...

Section 59-11-25 - Time for filing annual report. - 59-11-25. Time for filing annual report. The first annual report...

Section 59-11-26 - Correction of annual report. - 59-11-26. Correction of annual report. If an annual report does...

Section 59-11-27 - Civil penalty for false documents. - 59-11-27. Civil penalty for false documents. No person may execute...

Section 59-11-28 - Submission by electronic means. - 59-11-28. Submission by electronic means. Any annual report, statement of...

Chapter 12 - Uniform Power Of Attorney Act

Section 59-12-1 - Definitions. - 59-12-1. Definitions. Terms used in this chapter mean: (1)"Agent," a...

Section 59-12-2 - Applicability. - 59-12-2. Applicability. This chapter applies to all powers of attorney...

Section 59-12-3 - Durable power of attorney. - 59-12-3. Durable power of attorney. If a principal designates another...

Section 59-12-4 - Execution of power of attorney. - 59-12-4. Execution of power of attorney. A power of attorney...

Section 59-12-5 - Validity of power of attorney. - 59-12-5. Validity of power of attorney. (1)A power of attorney...

Section 59-12-6 - Meaning and effect of power of attorney. - 59-12-6. Meaning and effect of power of attorney. The meaning...

Section 59-12-7 - Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary. - 59-12-7. Nomination of conservator or guardian--Relation of agent to court-appointed...

Section 59-12-8 - When power of attorney is effective. - 59-12-8. When power of attorney is effective. (1)A power of...

Section 59-12-9 - Termination of power of attorney or agent's authority. - 59-12-9. Termination of power of attorney or agent's authority. (1)A...

Section 59-12-10 - Coagents and successor agents. - 59-12-10. Coagents and successor agents. (1)A principal may designate two...

Section 59-12-11 - Reimbursement and compensation of agent. - 59-12-11. Reimbursement and compensation of agent. An agent is entitled...

Section 59-12-12 - Agent's acceptance. - 59-12-12. Agent's acceptance. Except as otherwise provided in the power...

Section 59-12-13 - Agent's duties. - 59-12-13. Agent's duties. (1)Notwithstanding provisions in the power of attorney,...

Section 59-12-14 - Exoneration of agent. - 59-12-14. Exoneration of agent. A provision in a power of...

Section 59-12-15 - Judicial relief. - 59-12-15. Judicial relief. (1)In addition to any petition under chapter...

Section 59-12-16 - Agent's liability. - 59-12-16. Agent's liability. An agent that violates the provisions of...

Section 59-12-17 - Agent's resignation--Notice. - 59-12-17. Agent's resignation--Notice. Unless otherwise provided in the power of...

Section 59-12-18 - Acceptance of and reliance upon acknowledged power of attorney. - 59-12-18. Acceptance of and reliance upon acknowledged power of attorney....

Section 59-12-19 - Liability for refusal to accept acknowledged power of attorney. - 59-12-19. Liability for refusal to accept acknowledged power of attorney....

Section 59-12-20 - Principles of law and equity. - 59-12-20. Principles of law and equity. Unless otherwise required under...

Section 59-12-21 - Laws applicable to financial institutions and entities. - 59-12-21. Laws applicable to financial institutions and entities. Nothing in...

Section 59-12-22 - Remedies under other law. - 59-12-22. Remedies under other law. The remedies under this chapter...

Section 59-12-23 - Authority that requires specific grant--Grant of general authority. - 59-12-23. Authority that requires specific grant--Grant of general authority. (1)An...

Section 59-12-24 - Incorporation of authority. - 59-12-24. Incorporation of authority. (1)An agent has authority described in...

Section 59-12-25 - Construction of authority generally. - 59-12-25. Construction of authority generally. Except as otherwise provided in...

Section 59-12-26 - Real property. - 59-12-26. Real property. Unless the power of attorney otherwise provides,...

Section 59-12-27 - Tangible personal property. - 59-12-27. Tangible personal property. Unless the power of attorney otherwise...

Section 59-12-28 - Stocks and bonds. - 59-12-28. Stocks and bonds. Unless the power of attorney otherwise...

Section 59-12-29 - Commodities and options. - 59-12-29. Commodities and options. Unless the power of attorney otherwise...

Section 59-12-30 - Banks and other financial institutions. - 59-12-30. Banks and other financial institutions. Unless the power of...

Section 59-12-31 - Operation of entity or business. - 59-12-31. Operation of entity or business. Subject to the terms...

Section 59-12-32 - Insurance and annuities. - 59-12-32. Insurance and annuities. Unless the power of attorney otherwise...

Section 59-12-33 - Estates, trusts, and other beneficial interests. - 59-12-33. Estates, trusts, and other beneficial interests. (1)For purposes of...

Section 59-12-34 - Claims and litigation. - 59-12-34. Claims and litigation. Unless the power of attorney otherwise...

Section 59-12-35 - Personal and family maintenance. - 59-12-35. Personal and family maintenance. (1)Unless the power of attorney...

Section 59-12-36 - Benefits from governmental programs or civil or military service. - 59-12-36. Benefits from governmental programs or civil or military service....

Section 59-12-37 - Retirement plans. - 59-12-37. Retirement plans. (1)For purposes of this section, the term,...

Section 59-12-38 - Taxes. - 59-12-38. Taxes. Unless the power of attorney otherwise provides, language...

Section 59-12-39 - Gifts. - 59-12-39. Gifts. (1)For purposes of this section, a gift "for...

Section 59-12-40 - Effect on existing powers of attorney. - 59-12-40. Effect on existing powers of attorney. Except as otherwise...

Section 59-12-41 - Statutory form--Power of attorney. - 59-12-41. Statutory form--Power of attorney. A document substantially in the...

Section 59-12-42 - Statutory form--Agent's certification. - 59-12-42. Statutory form--Agent's certification. The following optional form may be...

Section 59-12-43 - Statutory form--Revocation. - 59-12-43. Statutory form--Revocation. A document substantially in the following form...

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South Dakota Codified Laws Title 59 - Agency

South Dakota Codified Laws
Title 59 - Agency