2019 South Dakota Codified Laws
Title 51A - Banks and Banking
Chapter 17 - Money Transmission
§ 51A-17-33 Funds received by authorized delegate constitute trust funds.
51A-17-33. Funds received by authorized delegate constitute trust funds. Any funds, less fees, received by an authorized delegate of a licensee from the sale or delivery of a payment instrument issued by a licensee or received by an authorized delegate for transmission shall, from the time such funds are received by such authorized delegate until such time when the funds or an equivalent amount are remitted by the authorized delegate to the licensee, constitute trust funds owned by and belonging to the licensee. If an authorized delegate commingles any such funds with any other funds or property owned or controlled by the authorized delegate, any commingled proceeds and other property shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the proceeds due the licensee.
Source: SL 2008, ch 253, ยง 33.
