South Dakota § 55-14A-2 - Definitions.

Full text of South Dakota South Dakota Codified Laws § 55-14A-2 — Definitions., with citation guidance and answers to common questions.

§ 55-14A-2. Definitions.

In this chapter:

(1)    "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.

(2)    "Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.

(3)    "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.

(4)    "Institution" means:

(A)    A person, other than an individual, organized and operated exclusively for charitable purposes;

(B)    A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and

(C)    A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.

(5)    "Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include:

(A)    Program-related assets;

(B)    A fund held for an institution by a trustee that is not an institution; or

(C)    A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.

(6)    "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(7)    "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.

(8)    "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Source: SL 2007, ch 283, § 2.

Frequently Asked Questions About South Dakota § 55-14A-2

What does South Dakota Codified Laws § 55-14A-2 cover?

Section 55-14A-2 ("Definitions.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 55-14A-2?

A common citation format is "South Dakota Codified Laws § 55-14A-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 55-14A-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.