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2017 South Dakota Codified Laws
Title 51A - BANKS AND BANKING
Chapter 06A - Creation Of Trust Companies
- § 51A-6A-1 Definitions.
- § 51A-6A-2 Confidential information.
- § 51A-6A-3 "Community" defined.
- § 51A-6A-4 Application for incorporation--Approval procedure--Emergency procedure.
- § 51A-6A-5 Considerations in ruling on application-Proceedings on application.
- § 51A-6A-5.1 Notice to division of material omission in application or change in facts reported in application.
- § 51A-6A-6 Application fee.
- § 51A-6A-6.1 Repealed.
- § 51A-6A-7 Organization of public and private trust companies--Submission and approval of articles--Required information.
- § 51A-6A-8 Amendment of articles--Extension of existence.
- § 51A-6A-9 Starting date of trust company existence--Commencement of business.
- § 51A-6A-10 Statement of payment of capital--Certificate of organization.
- § 51A-6A-11 Authority to transact business required--Violation as misdemeanor.
- § 51A-6A-11.1 Public trust companies to maintain office and perform trust administration in South Dakota.
- § 51A-6A-11.2 Office space requirements.
- § 51A-6A-11.3 Approval of other office space requirements.
- § 51A-6A-12 List of owners--Annual submission to director--Verification of list.
- § 51A-6A-13 Governing board--Membership--Election--Vacancies.
- § 51A-6A-14 Officers of governing board--Bond required.
- § 51A-6A-15 Meetings of governing board--Examination and audit of books and records.
- § 51A-6A-16 Oath of board members.
- § 51A-6A-17 Persons convicted of certain crimes ineligible to serve as board member, officer, or key employee--Civil penalty--Criminal background investigation.
- § 51A-6A-18 Repealed.
- § 51A-6A-19 Determining capital--Minimum--Purpose of capital--Fidelity bond and liability insurance policy.
- § 51A-6A-19.1 Additional capital requirements--Safety and soundness factors to be considered--Effective date of order--Hearing.
- § 51A-6A-19.2 Investments pledged to division for security of trust creditors of trust company--Income from investments--Effective date of order requiring pledge increase--Hearing.
- § 51A-6A-19.3 Pledge available to satisfy claims upon liquidation, abandonment of trust powers, or resignation.
- § 51A-6A-20 Payment of subscriptions--Reduction of common stock.
- § 51A-6A-21 Transferring stock and ownership units.
- § 51A-6A-22 Increasing capital stock or ownership units.
- § 51A-6A-23 Registration of capital stock or ownership units.
- § 51A-6A-24 Issuance of preferred stock.
- § 51A-6A-25 Rights and liability of preferred stockholders--Dividends.
- § 51A-6A-26 Issuance of convertible or nonconvertible capital notes or debentures.
- § 51A-6A-27 Source of dividends.
- § 51A-6A-28 Dividends from undivided profits.
- § 51A-6A-29 Powers of trust company.
- § 51A-6A-30 Retention of records--Promulgation of rules--Reproduction of records--Duty of confidentiality.
- § 51A-6A-31 Periodic examination of trust company--Report of examination--Cooperative, coordinating and information-sharing agreements among agencies.
- § 51A-6A-32 Examination of fiduciary affairs of officers or employees--Examination of affiliated companies or corporations.
- § 51A-6A-33 Examination expenses paid by trust companies--Fees.
- § 51A-6A-34 Annual report of trust company to director--Form of report--Request for additional reports.
- § 51A-6A-35 Authority of trust company revoked upon obstruction or interference with, or refusal to submit to, examination of director.
- § 51A-6A-36 Service of notice of charges--Contents of notice--Temporary cease and desist order.
- § 51A-6A-37 Revocation of franchise for failure to comply with lawful requirements.
- § 51A-6A-38 Hearing on revocation of trust authority.
- § 51A-6A-39 Confidentiality of information generated by examination--Disclosure--Hearing.
- § 51A-6A-40 Correction of unsafe or unsound condition or operation--Appointment of special assistant--Appeal of appointment.
- § 51A-6A-41 Insolvency defined.
- § 51A-6A-42 Director to take charge of insolvent trust company--Appointment of special assistant.
- § 51A-6A-43 Plan for reorganization of insolvent trust company.
- § 51A-6A-44 Appointment of receiver--Bond--Qualifications--Report--Removal.
- § 51A-6A-45 Powers and duties of receiver--Order of payment of liabilities.
- § 51A-6A-45.1 Liability of receiver.
- § 51A-6A-46 Periodic examination of trust company in the hands of a receiver.
- § 51A-6A-46.1 Suspension, liquidation, order against unsound practice, removal of director or officer, or injunction.
- § 51A-6A-46.2 Disclosure of confidential information in certain actions.
- § 51A-6A-47 Acquisition of trust company--Notice to director--Approval--Order of disapproval--Hearing.
- § 51A-6A-48 Contents of notice of proposed acquisition.
- § 51A-6A-49 Reason for disapproval of acquisition.
- § 51A-6A-50 Procedure for merger, consolidation, conversion, or transfer of assets and liabilities to another bank or trust company.
- § 51A-6A-50.1 Proceedings to legally dissolve charter of acquired, merged, or consolidated trust company.
- § 51A-6A-51 Necessity of execution or delivery of deed for merger or consolidation.
- § 51A-6A-52 Fiduciary capacity of successor trust company.
- § 51A-6A-53 Name of trust company--Name change.
- § 51A-6A-54 Approval required for changing place of business--Examination and investigation by director.
- § 51A-6A-55 to 51A-6A-57. Repealed.
- § 51A-6A-58 Establishment of trust service offices--Application.
- § 51A-6A-59 , 51A-6A-60. Repealed.
- § 51A-6A-61 Membership in federal reserve bank.
- § 51A-6A-62 Depositing securities into federal reserve bank.
- § 51A-6A-63 Registering investments in name of nominee--Liability of trust company.
- § 51A-6A-64 Common trust funds and collective investment funds.
- § 51A-6A-65 Conversion from state bank to trust company--Application--Investigation--Regulation.
- § 51A-6A-66 Exclusion of entity from chapters 51A-5, 51A-6, and 51A-6A--Governing documents--Notice to director.
- § 51A-6A-67 Trust company receivership and liquidation captive insurance company fund.
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