South Dakota § 55-18-17 Discretion of representative--Fiduciary status.

South Dakota Statutes

§ 55-18-17 — Discretion of representative--Fiduciary status.

South Dakota·Title 55 FIDUCIARIES AND TRUSTS·Ch. 55-17 VIRTUAL REPRESENTATION

A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative:

(1)Acts dishonestly;

(2)Acts with an improper motive; or (3) Fails, if under a duty to do so, to act. A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument. The provisions of this section do not expand or diminish the duties of an attorney.

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A representative may make a decision with broad discretion and no representative is liable for an action or omission unless the representative: (1) Acts dishonestly; (2) Acts with an improper motive; or (3) Fails, if under a duty to do so, to act. A representative may represent any number of persons. A representative is not a fiduciary solely by reason of being a representative unless otherwise ordered by the court, expressly affirmed in writing by the representative, or provided in the governing instrument. The provisions of this section do not expand or diminish the duties of an attorney.

South Dakota § 55-18-17 (Discretion of representative--Fiduciary status.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.