§ 55-8-1 Definition of terms
§ 55-8-2 Rights and duties of corporation and transfer agent–Law governing
§ 55-8-3 Application of chapter
§ 55-8-4 Registration of security in name of fiduciary
§ 55-8-5 Assignment of security by fiduciary–Assumption as to authority and capacity
§ 55-8-6 Assignment of security by fiduciary–Compliance with controlling instrument andlaw governing fiduciary relationship assumed
§ 55-8-7 Assignment of security by fiduciary–Corporation or transfer agent not charged withnotice of records or documents
§ 55-8-8 Assignment of security by fiduciary not the registered owner–Evidence ofappointment or incumbency
§ 55-8-9 Claim of beneficial interest adverse to transfer of security–Written notice tocorporation or transfer agent, contents
§ 55-8-10 Claim of beneficial interest adverse to transfer of security–Notice of presentment toclaimant–Restraining order
§ 55-8-11 Liability of corporation or transfer agent for making or refusing transfer
§ 55-8-12 Nonliability of corporation or transfer agent for authorized acts
§ 55-8-13 Participation in breach of fiduciary duty–Nonliability of third persons
§ 55-8-14 Liability of guarantor of signature of fiduciary
§ 55-8-15 Corporation and transfer agent not liable for breach of fiduciary duty or on guaranteeof fiduciary’s signature
§ 55-8-16 Tax obligations of corporation or transfer agent not affected by chapter
§ 55-8-17 Uniformity of interpretation
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Terms Used In South Dakota Codified Laws > Title 55 > Chapter 8 - Registration and Transfer of Securities Held by Fiduciaries

  • Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust, or other instrument of transfer. See South Dakota Codified Laws 55-8-1
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heir, or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. See South Dakota Codified Laws 55-8-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a private or public corporation, association or trust issuing a security. See South Dakota Codified Laws 55-8-1
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a personal representative, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee. See South Dakota Codified Laws 55-8-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legatee: A beneficiary of a decedent
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See South Dakota Codified Laws 55-8-1
  • Security: includes any share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation. See South Dakota Codified Laws 55-8-1
  • Transfer: means a change on the books of a corporation in the registered ownership of a security. See South Dakota Codified Laws 55-8-1
  • Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See South Dakota Codified Laws 55-8-1
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2