South Dakota § 55-18-4 Conditions under which representative may not bind person represented.

South Dakota Statutes

§ 55-18-4 — Conditions under which representative may not bind person represented.

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

Notwithstanding the provisions of § 55-18-3 , no representative may bind the person represented if, prior to the representative binding the person in the matter in question:

(1)The court finds that the person cannot be adequately represented pursuant to § 55-18-19 ;

(2)The representative refuses to act pursuant to § 55-18-11 ;

(3)The representative has been removed by a person with power to remove the representative; or (4) The represented person notifies:

(a)The trustee;

(b)The notifier; and (c) The representative, that the represented person will not be bound by the representative.

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Notwithstanding the provisions of § 55-18-3 , no representative may bind the person represented if, prior to the representative binding the person in the matter in question: (1) The court finds that the person cannot be adequately represented pursuant to § 55-18-19 ; (2) The representative refuses to act pursuant to § 55-18-11 ; (3) The representative has been removed by a person with power to remove the representative; or (4) The represented person notifies: (a) The trustee; (b) The notifier; and (c) The representative, that the represented person will not be bound by the representative.

South Dakota § 55-18-4 (Conditions under which representative may not bind person represented.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.