There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 55 FIDUCIARIES AND TRUSTS
Chapter 16. Qualified Dispositions In Trust
§55-16-8 Powers and rights of transferor--Effect on qualified disposition.
SD Codified L § 55-16-8 (through 2011) What's This?
55-16-8. Powers and rights of transferor--Effect on qualified disposition. A qualified disposition is subject to §§ 55-16-9 to 55-16-14, inclusive, notwithstanding a transferor's retention of any or all of the powers and rights described in subdivision 55-16-2(2) and the transferor's service as trust advisor pursuant to § 55-16-5. The transferor has only such powers and rights as are conferred by the trust instrument. Except as permitted by §§ 55-16-2 and 55-16-5, a transferor has no rights or authority with respect to the property that is the subject of a qualified disposition or the income therefrom, and any agreement or understanding purporting to grant or permit the retention of any greater rights or authority is void.
Source: SL 2005, ch 261, § 8.
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