South Dakota § 55-1B-1 - Definition of terms.

§ 55-1B-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Instrument," any revocable or irrevocable trust document created inter vivos or testamentary or any custodial account agreement, whether such document or agreement was created prior to, on, or after July 1, 1997;

(2)    "Trust protector," any person whose appointment as protector is provided for in the instrument. Such person may not be considered to be acting in a fiduciary capacity except to the extent the governing instrument provides otherwise. However, a protector shall be considered acting in a fiduciary capacity to the extent that the person exercises the authority of an investment trust advisor, a distribution trust advisor, or a tax trust advisor;

(3)    "Trust advisor," an investment trust advisor, a distribution trust advisor, a tax trust advisor, or, in the case of a custodial account, a custodial account owner or the owner's designee, except that a tax trust advisor is not considered a trust advisor for purposes of § 55-2-13;

(4)    "Fiduciary," a trustee or custodian under any instrument, an executor, administrator, or personal representative of a decedent's estate, or any other party, including a trust advisor, a trust protector, or a trust committee, who is acting in a fiduciary capacity for any person, trust, or estate;

(5)    "Excluded fiduciary," any fiduciary excluded from exercising certain powers under the instrument, which powers may be exercised by the grantor, custodial account owner, trust advisor, trust protector, trust committee, or other persons designated in the instrument;

(6)    "Investment trust advisor," a fiduciary, given authority by the instrument to exercise all or any portions of the powers and discretions set forth in § 55-1B-10;

(7)    "Distribution trust advisor," a fiduciary, given authority by the instrument to exercise all or any portions of the powers and discretions set forth in § 55-1B-11;

(8)    “Tax trust advisor,” a fiduciary, given authority by the instrument to exercise any tax power, including all or any powers and discretions set forth in § 55-1B-13;

(9)    "Custodial account," an account, established by a party with a bank as defined in 26 U.S.C. § 408(n) (January 1, 2006) or with another person approved by the Internal Revenue Service as satisfying the requirements to be a nonbank trustee or a nonbank passive trustee set forth in U.S. Treasury Regulations promulgated under 26 U.S.C. § 408, that is governed by an instrument concerning the establishment or maintenance, or both, of an individual retirement account, qualified retirement plan, Archer medical savings account, health savings account, Coverdell education savings account, or any similar retirement or savings vehicle permitted under the Internal Revenue Code of 1986 (January 1, 2006);

(10)    "Custodial account owner," any party who:

(a)    Establishes a custodial account;

(b)    Has the power to designate the beneficiaries or appoint the custodian of the custodial account; or

(c)    Is the party who possesses the power to direct the investment, disposition, or retention of any assets in the custodial account or name an authorized designee to affect the same;

(11)    "Family advisor," any person:

(a)    Whose appointment is provided for in the governing instrument or by court order;

(b)    Who is authorized to consult with or advise a fiduciary regarding fiduciary or nonfiduciary matters and actions; and

(c)    Who may also be authorized by the governing instrument or court order to otherwise act in a nonfiduciary capacity.

Source: SL 1997, ch 280, § 1; SL 2005, ch 260, § 2; SL 2006, ch 248, § 1; SL 2008, ch 257, § 9; SL 2011, ch 212, § 3; SL 2016, ch 231, § 15; SL 2017, ch 204, § 15; SL 2018, ch 275, § 22; SL 2025, ch 196, § 1.