There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 55-1B-2 — Liability limits of excluded fiduciary.
55-1B-2. Liability limits of excluded fiduciary. An excluded fiduciary is not liable, either individually or as a fiduciary, for either of the following:
(1) Any loss that results from compliance
with a direction of the trust advisor, custodial account owner, or
authorized designee of a custodial account owner;
(2) Any loss that results from a failure
to take any action proposed by an excluded fiduciary that requires
a prior authorization of the trust advisor if that excluded
fiduciary timely sought but failed to obtain that
authorization.
Any excluded
fiduciary is also relieved from any obligation to perform
investment or suitability reviews, inquiries, or investigations or
to make recommendations or evaluations with respect to any
investments to the extent the trust advisor, custodial account
owner, or authorized designee of a custodial account owner had
authority to direct the acquisition, disposition, or retention of
any such investment.
Nothing in
subdivision (2) imposes an obligation or liability with respect to
a custodian of a custodial account.
Source: SL 1997, ch 280, § 2; SL 2006, ch 248, § 2.
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