2006 South Dakota Code - 55-15-1 — Definitions.

             (1)      "Disinterested person," any person who is not a related or subordinate party, as defined in section 672(c) of the Internal Revenue Code (26 U.S.C. section 1, et seq.), with respect to the person then acting as trustee of the trust and excludes the trustor of the trust and any interested trustee;

             (2)      "Income trust," any trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to one or more persons, either in fixed proportions or in amounts or proportions determined by the trustee. However, no trust that otherwise is an income trust may qualify pursuant to this subdivision, if it is subject to taxation under I.R.C. section 2001 or section 2501, until the expiration of the period for filing the return therefor (including extensions);

             (3)      "Interested distributee," any person to whom distributions of income or principal can currently be made who has the power to remove the existing trustee and designate as successor a person who may be a related or subordinate party, as defined in I.R.C. section 672(c), with respect to such distributee;

             (4)      "Interested trustee," (i) any individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed, or (ii) any trustee who may be removed and replaced by an interested distributee, or (iii) any individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust, or (iv) any of the above;

             (5)      "Total return unitrust," any income trust which has been converted under and meets the provisions of this chapter;

             (6)      "Trustee," all persons acting as trustee of the trust, except where expressly noted otherwise, whether acting in their discretion or on the direction of one or more persons acting in a fiduciary capacity;

             (7)      "Trustor," any individual who created an inter vivos or a testamentary trust;

             (8)      "Unitrust amount," an amount computed as a percentage of the fair market value of the trust;

             (9)      "Current valuation year," the accounting period of the trust for which the unitrust amount is being determined;

             (10)      "Prior valuation year," each of the two accounting periods of the trust immediately preceding the current valuation year; and

             (11)      "I.R.C.," the Internal Revenue Code (26 U.S.C. section 1, et seq.).

Source: SL 2002, ch 225, § 1.