South Dakota § 54-9-2 Instrument of assignment--Execution--Acknowledgment or proof--Recording--Defective execution invalidates assignment.

South Dakota Statutes

§ 54-9-2 — Instrument of assignment--Execution--Acknowledgment or proof--Recording--Defective execution invalidates assignment.

South Dakota § 54-9-2

Title 54DEBTOR AND CREDITOR

Ch. 54-9ASSIGNMENT FOR BENEFIT OF CREDITORS

This text of South Dakota § 54-9-2 (Instrument of assignment--Execution--Acknowledgment or proof--Recording--Defective execution invalidates assignment.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 54-9-2 (2026).

Text

An assignment for the benefit of creditors must be in writing, subscribed by the assignor, or by his agent thereto authorized by writing. It must be acknowledged or proved and certified, in the mode prescribed by this code for recording transfers of real property and recorded as required by § 54-9-8 . Unless such provisions are complied with, an assignment for the benefit of creditors is void against every creditor of the assignor not assenting thereto.

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An assignment for the benefit of creditors must be in writing, subscribed by the assignor, or by his agent thereto authorized by writing. It must be acknowledged or proved and certified, in the mode prescribed by this code for recording transfers of real property and recorded as required by § 54-9-8 . Unless such provisions are complied with, an assignment for the benefit of creditors is void against every creditor of the assignor not assenting thereto.

Legislative History

CivC 1877, §§ 2031, 2032; CL 1887, §§ 4664, 4665; RCivC 1903, §§ 2376, 2377; RC 1919, §§ 2049, 2050; Supreme Court Rule 617, 1939; SDC 1939 & Supp 1960, § 37.5104.