Unless notice of a conflict of interest has been carried out pursuant to § 55-18-14, if the notifier knows that a representative has a conflict of interest with respect to the matter in question, the notifier shall timely disclose the nature of the conflict of interest:

(1) In a judicial proceeding to the interested parties and the court; or

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Terms Used In South Dakota Codified Laws 55-18-15

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.

(2) Otherwise, to the representative, the trustee, and, to the extent the person represented can be reasonably notified, to the person represented along with notification that that person may elect not to be bound pursuant to subdivision 55-18-4(4).

Source: SL 2017, ch 208, § 15; SL 2018, ch 275, § 36.