South Dakota

47-14-1. 47-14-1 to 47-14-13. Repealed by SL 2001, ch 245, § 122

47-14A-1. Definitions.

47-14A-2. Beneficial owner's contribution to business trust--Contribution not required.

47-14A-3. Obligation of beneficial owner--Cash value of contribution as option in addition to other remedies.

47-14A-4. Penalties or consequences for failure to make contribution.

47-14A-5. Liability of beneficial owners.

47-14A-6. Liability of trustees.

47-14A-7. Liability of officers, employees, and others managing business of trust.

47-14A-8. Usury not a defense against beneficial owner's obligation.

47-14A-9. Power to sue and be sued--Liabilities--Property subject to attachment--Exception for separately designed series.

47-14A-10. Trustee may be served with process.

47-14A-11. Service of process--Fee if service made on secretary of state.

47-14A-12. Time for responsive pleading.

47-14A-13. Trustee or beneficial owner may consent to jurisdiction.

47-14A-14. Service of process not limited.

47-14A-15. Circuit court jurisdiction over business trusts.

47-14A-16. Doing business in state by reason of being trustee.

47-14A-17. Beneficial owner to have undivided interest in trust property--Proportionate share in profits and losses.

47-14A-18. Creditors of beneficial owners have no rights in business trust property.

47-14A-19. Beneficial owner's interest in business trust as personal property.

47-14A-20. Beneficial owner's interest transferable.

47-14A-21. Beneficial owner entitled to distribution becomes creditor of business trust.

47-14A-22. Title to property of business trust may be held by trustee.

47-14A-23. Creditors of trustee have no rights in business trust property.

47-14A-24. Trustees to manage affairs of business trust--Persons entitled to direct trustees--Power to direct trustees does not cause person to be trustee nor to create duties or liabilities.

47-14A-25. Provisions of governing instrument.

47-14A-26. Trustee acting in reliance on governing instrument not liable to trust or beneficial owner--Duties determined by governing instrument.

47-14A-27. Officer or employer acting in reliance on governing instrument not liable--Duties determined by governing instrument.

47-14A-28. Action by beneficial owners--Notice and meeting not necessary if consent exists--Proxy.

47-14A-29. Action by trustees--Notice and meeting not necessary if consent exists--Proxy.

47-14A-30. One trustee required to have residence or principal place of business in state.

47-14A-31. Exception to § 47-14A-30 for registered investment companies.

47-14A-32. Change of registered agent or location of office--Amendment to certificate of trust.

47-14A-33. Service of process on registered agent valid.

47-14A-34. Change of name or address of trustee or registered agent--Fee--Certificate.

47-14A-35. Business trust to have perpetual existence--Termination determined by governing instrument.

47-14A-36. Death or incapacity of beneficial owner need not terminate business trust.

47-14A-37. Dissolution of trust determined by governing instrument.

47-14A-38. Powers of trust managers upon dissolution of trust.

47-14A-39. Payment of claims and obligations of trust upon dissolution--Distribution of remaining assets--Liability of persons winding up business.

47-14A-40. Dissolution of series need not cause dissolution of trust--Series dissolution determined by governing instrument--Death or incapacity of beneficial owner need not terminate series.

47-14A-41. Powers of trust series managers upon dissolution of series--Liability.

47-14A-42. Laws applicable to business trusts.

47-14A-43. Certificate of trust to be filed with secretary--Contents--Trust formed upon filing.

47-14A-44. Certificate of amendment--Contents--Certificate of trust may be freely amended.

47-14A-45. Restated certificate of trust integrating all amendments--Contents.

47-14A-46. Certificate of cancellation to be filed upon termination of trust--Contents.

47-14A-47. Certificate of correction or corrected certificate of trust to be filed to correct defective information--Contents--Effective date.

47-14A-48. Termination of certificate containing future effective date.

47-14A-49. Execution of certificates.

47-14A-50. Execution by agent--Authorization of agent.

47-14A-51. Execution of certificate by trustee constitutes oath as to truth of contents.

47-14A-52. Certificates to be delivered to secretary's office--Duties of secretary upon receipt of filing.

47-14A-53. Certificates effective upon filing or upon effective date contained in certificate.

47-14A-54. Fees paid at request of secretary or upon filing of certificate.

47-14A-55. Signature may be facsimile or electronically transmitted--Certificate may be electronically transmitted.

47-14A-56. Certificate of trust on file with secretary is notice of business trust.

47-14A-57. Fees-Documents not effective until fee paid.

47-14A-58. Name of business trust to be distinguishable from other businesses--Exception.

47-14A-59. Name of person in name of business trust.

47-14A-60. Terms contained in name of business trust.

47-14A-61. Reservation of name.

47-14A-62. Reservation of name--Application--Duration--Transfer--Cancellation.

47-14A-63. Fees for reservation--When paid.

47-14A-64. Merger or consolidation of business trusts.

47-14A-65. Certificate of merger or consolidation to be filed with secretary--Contents.

47-14A-66. Validity of certain mergers not affected by failure to file certificate.

47-14A-67. Effective date of merger or consolidation.

47-14A-68. Certificate of merger or consolidation as certificate of cancellation.

47-14A-69. Amendment to or adoption of governing instrument upon merger--Effective date.

47-14A-70. Rights, property, and obligations of merging entities vest in resulting entity.

47-14A-71. Provision for contractual appraisal rights.

47-14A-72. Authority of beneficial owner to bring derivative action.

47-14A-73. Qualifications of plaintiff in derivative action.

47-14A-74. Complaint to specify efforts to secure action by trustees.

47-14A-75. Costs and attorney's fees of successful derivative action.

47-14A-76. Beneficial owner's right to bring derivative action determined by governing instrument.

47-14A-77. Indemnification of trustee or beneficial owner.

47-14A-78. Absence of indemnity provision in governing instrument not conclusive.

47-14A-79. Power of business trust to acquire interest held by beneficial owner.

47-14A-80. Beneficial owners entitled to obtain certain information.

47-14A-81. Trustees entitled to examine certain information.

47-14A-82. Trustees authorized to keep certain information confidential.

47-14A-83. Records maintained in other than written form--Demand for information to be in writing.

47-14A-84. Conversion of existing business entity to business trust--Filing requirements.

47-14A-85. Certificate of conversion--Contents.

47-14A-86. Effective of date of conversion to business trust--Effective date of commencement of business.

47-14A-87. Conversion to business trust not to affect liabilities incurred prior to conversion.

47-14A-88. Rights, property, and obligations of converting entities vest in resulting entity.

47-14A-89. Conversion deemed continuation of business entity as business trust.

47-14A-90. Conversion to be approved under business entity's governing instrument.

47-14A-91. Construction of chapter with other laws.

47-14A-92. Disposition of rights and interests of business entity upon conversion.

47-14A-93. Conversion of business trust to other business entity.

47-14A-94. Provisions of law subject to change.

47-14A-95. Construction.

47-14A-96. Citation of chapter.

47-14B-1. Laws governing organization of foreign business trust.

47-14B-2. Registration of foreign business trust.

47-14B-3. Doing business in the state.

47-14B-4. Certification and filing of application.

47-14B-5. Name of foreign business trust.

47-14B-6. Office and agent of foreign business trust.

47-14B-7. Change of address of registered office of foreign business trust.

47-14B-8. Resignation of foreign business trust registered agent--Successor--Appointment.

47-14B-9. Resignation of foreign business trust registered agent--No successor appointed.

47-14B-10. Correction of false application of foreign business trust.

47-14B-11. Canceling a foreign business trust.

47-14B-12. Action, suit, or proceeding by foreign business trust.

47-14B-13. Failure of foreign business trust to register.

47-14B-14. Liability of beneficial owner or trustee of foreign business trust.

47-14B-15. Jurisdiction of circuit court for failure to register or for false registration.

47-14B-16. Application of § 47-14A-51.

47-14B-17. Service of process on foreign business trust.

47-14B-18. Service of process when due diligence fails.

47-14B-19. Service of process on unregistered foreign business trust.

47-14B-20. "Doing business" defined.

47-14B-21. Service upon secretary of state--Notice to foreign business trust.

47-14B-22. Filing fees-Documents not effective until fee paid.

47-14B-23. Application of chapter.

47-14B-24. Compliance with requirements--Violation.

47-14B-25. Citation of chapter.