§ 55-18-16 Findings regarding conflict of interest in judicial and nonjudicial proceedings--Immunity of representative from liability.

SD Codified L § 55-18-16 (2019) (N/A)

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55-18-16. Findings regarding conflict of interest in judicial and nonjudicial proceedings--Immunity of representative from liability. In a judicial proceeding, if the court has been notified of a representative's conflict of interest or potential conflict of interest, the court may find that the representative conflict of interest or potential conflict of interest is immaterial in view of the facts and circumstances and order that the representative may act as a representative notwithstanding the conflict of interest or potential conflict of interest.

The court's findings pursuant to this section are binding and conclusive with regard to the matter in question and, to the extent ordered by the court, absolve the representative of liability.

In a nonjudicial proceeding, unless otherwise provided in the governing instrument, the trustee may find that a representative's conflict of interest or potential conflict of interest is immaterial in view of the facts and circumstances and direct the representative to act as a representative notwithstanding the conflict of interest or potential conflict of interest.

The trustee's findings pursuant to this section are binding and conclusive with regard to the matter in question and, to the extent provided by the trustee in writing, absolve the representative of liability.

Source: SL 2017, ch 208, § 16; SL 2018, ch 275, § 37.

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§ 55-18-15 Disclosure of conflict of interest by notifier.

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§ 55-18-17 Discretion of representative--Fiduciary status.