S.D. Codified Laws § 55-3-45
This is the official text of S.D. Codified Laws § 55-3-45, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Beneficiary approval of trustee's accounting--Alternative approval of trustee's accounting--Accounting defined
Official statutory text
If a trust is not subject to court supervision under chapter 21-22 , and if no objection has been made by a distribution beneficiary, as defined in this title, of a trust within one hundred eighty days after a copy of the trustee's accounting has been provided in accordance with § 55-2-24 , the distribution beneficiary is deemed to have approved such accounting of the trustee, and the trustee, absent fraud, intentional misrepresentation, or material omission, shall be released and discharged from any and all liability to all beneficiaries of the trust as to all matters set forth in such accounting. Alternatively, the trustee's accounting may be approved on behalf of all beneficiaries by a trust advisor or trust protector, or in accordance with § 55-18-9 if:
(1) Notice or information to the beneficiaries has been waived or modified in accordance with § 55-2-13 ; or
(2) Authorized under the terms of the governing instrument.
The provisions of chapter 55-18 apply to this section.
For purposes of this section, the term, accounting, means any interim or final report or other statement provided by a trustee reflecting all transactions, receipts, and disbursements during the reporting period and a list of assets as of the end of the period covered by the report or statement, and including written notice to the distribution beneficiary of the provisions of this section.
Source: SL 1998, ch 282, § 26; SL 2010, ch 232, § 4; SL 2017, ch 208, § 34; SL 2020, ch 206, § 15; SL 2023, ch 161, § 11.
(1) Notice or information to the beneficiaries has been waived or modified in accordance with § 55-2-13 ; or
(2) Authorized under the terms of the governing instrument.
The provisions of chapter 55-18 apply to this section.
For purposes of this section, the term, accounting, means any interim or final report or other statement provided by a trustee reflecting all transactions, receipts, and disbursements during the reporting period and a list of assets as of the end of the period covered by the report or statement, and including written notice to the distribution beneficiary of the provisions of this section.
Source: SL 1998, ch 282, § 26; SL 2010, ch 232, § 4; SL 2017, ch 208, § 34; SL 2020, ch 206, § 15; SL 2023, ch 161, § 11.
Status: in_force · Read it on the official government site
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