59-10-1. Short title.

This chapter may be cited as the Uniform Athlete Agents Act.

Source: SL 2006, ch 265, § 1.

59-10-2. Definitions.

In this chapter:

(1)    "Agency contract," an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract;

(2)    "Athlete agent," an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization;

(3)    "Athletic director," an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate;

(4)    "Contact," a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract;

(5)    "Endorsement contract," an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student- athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance;

(6)    "Intercollegiate sport," a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics;

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

(8)    "Professional-sports-services contract" an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete;

(9)    "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(10)    "Registration," registration as an athlete agent pursuant to this chapter;

(11)    "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

(12)    "Student-athlete," an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.

Source: SL 2006, ch 265, § 2.

59-10-3. Service of process--Subpoenas.

(a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.

(b) The secretary of the Department of Labor and Regulation may issue subpoenas for any material that is relevant to the administration of this chapter.

Source: SL 2006, ch 265, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.

59-10-4. Athlete agents--Registration required--Void contracts.

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under § 59-10-6 or 59-10-8.

(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:

(1)    A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and

(2)    Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.

(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.

Source: SL 2006, ch 265, § 4.

59-10-5. Registration as athlete agent--Form--Requirements.

(a) An applicant for registration shall submit an application for registration to the secretary of state in a form prescribed by the secretary of state. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (b), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:

(1)    The name of the applicant and the address of the applicant's principal place of business;

(2)    The name of the applicant's business or employer, if applicable;

(3)    Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;

(4)    A description of the applicant's:

(A)    Formal training as an athlete agent;

(B)    Practical experience as an athlete agent; and

(C)    Educational background relating to the applicant's activities as an athlete agent;

(5)    The names and addresses of three individuals not related to the applicant who are willing to serve as references;

(6)    The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application;

(7)    The names and addresses of all persons who are:

(A)    With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and

(B)    With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;

(8)    Whether the applicant or any person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;

(9)    Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation;

(10)    Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;

(11)    Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) arising out of occupational or professional conduct; and

(12)    Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) as an athlete agent in any state.

(b) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (a). The secretary of state shall accept the application and the certificate from the other state as an application for registration in this state if the application to the other state:

(1)    Was submitted in the other state within six months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current;

(2)    Contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and

(3)    Was signed by the applicant under penalty of perjury.

Source: SL 2006, ch 265, § 5.

59-10-6. Certificate of registration--Issuance or denial--Renewal.

(a) Except as otherwise provided in subsection (b), the secretary of the Department of Labor and Regulation shall issue a certificate of registration to an individual who complies with subdivision 59-10-5(a) or whose application has been accepted under subdivision 59-10-5(b). The secretary of the Department of Labor and Regulation shall submit a copy of each certificate of registration issued to the Office of the Secretary of State.

(b) The secretary of the Department of Labor and Regulation may refuse to issue a certificate of registration if the secretary determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the secretary may consider whether the applicant has:

(1)    Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;

(2)    Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;

(3)    Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

(4)    Engaged in conduct prohibited by § 59-10-14;

(5)    Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;

(6)    Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or

(7)    Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

(c) In making a determination under subsection (b), the secretary of the Department of Labor and Regulation shall consider:

(1)    How recently the conduct occurred;

(2)    The nature of the conduct and the context in which it occurred; and

(3)    Any other relevant conduct of the applicant.

(d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the secretary of state. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.

(e) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (d), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The secretary of state shall accept the application for renewal from the other state as an application for renewal in this state if the application to the other state:

(1)    Was submitted in the other state within six months next preceding the filing in this state and the applicant certifies the information contained in the application for renewal is current;

(2)    Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state; and

(3)    Was signed by the applicant under penalty of perjury.

(f) A certificate of registration or a renewal of a registration is valid for two years.

Source: SL 2006, ch 265, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.

59-10-7. Suspension, revocation, or refusal to renew registration.

(a) The secretary of the Department of Labor and Regulation may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subdivision 59-10-6(b).

(b) The secretary of the Department of Labor and Regulation may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The secretary shall provide notice of such hearing and any action taken in response to the hearing to the Office of the Secretary of State. The Administrative Procedures Act applies to this chapter.

Source: SL 2006, ch 265, § 7; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.

59-10-8. Temporary registration.

The secretary of the Department of Labor and Regulation may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

Source: SL 2006, ch 265, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.

59-10-9. Registration and renewal fees.

An application for registration or renewal of registration must be accompanied by a fee in the following amount:

(1)    One hundred dollars for an initial application for registration;

(2)    Fifty dollars for an application for registration based upon a certificate of registration or licensure issued by another state;

(3)    Twenty-five dollars for an application for renewal of registration; or

(4)    Twenty-five dollars for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.

All moneys received pursuant to this section shall be deposited in the state general fund.

Source: SL 2006, ch 265, § 9.

59-10-10. Required form of contract.

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.

(b) An agency contract must state or contain:

(1)    The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;

(2)    The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;

(3)    A description of any expenses that the student-athlete agrees to reimburse;

(4)    A description of the services to be provided to the student-athlete;

(5)    The duration of the contract; and

(6)    The date of execution.

(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:

    WARNING TO STUDENT-ATHLETE

IF YOU SIGN THIS CONTRACT:

(1)    YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

(2)    IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

(3)    YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.

Source: SL 2006, ch 265, § 10.

59-10-11. Notice to educational institution.

(a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.

(b) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.

Source: SL 2006, ch 265, § 11.

59-10-12. Student-athlete's right to cancel.

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.

(b) A student-athlete may not waive the right to cancel an agency contract.

(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

Source: SL 2006, ch 265, § 12.

59-10-13. Required records.

(a) An athlete agent shall retain the following records for a period of five years:

(1)    The name and address of each individual represented by the athlete agent;

(2)    Any agency contract entered into by the athlete agent; and

(3)    Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

(b) Records required by subsection (a) to be retained are open to inspection by the secretary of the Department of Labor and Regulation during normal business hours.

Source: SL 2006, ch 265, § 13; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.

59-10-14. Prohibited conduct.

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not:

(1)    Give any materially false or misleading information or make a materially false promise or representation;

(2)    Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or

(3)    Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

(b) An athlete agent may not intentionally:

(1)    Initiate contact with a student-athlete unless registered under this chapter;

(2)    Refuse or fail to retain or permit inspection of the records required to be retained by § 59-10-13;

(3)    Fail to register when required by § 59-10-4;

(4)    Provide materially false or misleading information in an application for registration or renewal of registration;

(5)    Predate or postdate an agency contract; or

(6)    Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.

Source: SL 2006, ch 265, § 14.

59-10-15. Criminal penalties.

An athlete agent who violates § 59-10-14 is guilty of a Class 6 felony.

Source: SL 2006, ch 265, § 15.

59-10-16. Civil remedies.

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.

(b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

(c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.

(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.

(e) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.

Source: SL 2006, ch 265, § 16.

59-10-17. Administrative penalty.

The secretary of the Department of Labor and Regulation may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars for a violation of this chapter. All moneys received pursuant to this section shall be deposited in the state general fund.

Source: SL 2006, ch 265, § 17; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.

59-10-18. Uniformity of application and construction.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2006, ch 265, § 18.

59-10-19. Electronic Signatures in Global National Commerce Act.

The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.

Source: SL 2006, ch 265, § 19.

59-10-20. Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source: SL 2006, ch 265, § 20.

CHAPTER 59-11

MODEL REGISTERED AGENTS ACT

59-11-1    Short title.

59-11-2    Definition of terms.

59-11-3    Filing fees.

59-11-4    Copying and certification fees.

59-11-5    Addresses in filings.

59-11-6    Appointment of registered agent.

59-11-7    Listing of commercial registered agent.

59-11-8    Index of commercial registered agent listing statements.

59-11-9    Termination of listing of commercial registered agent.

59-11-10    Service of process until new registered agent is appointed.

59-11-11    Change of registered agent by entity.

59-11-12    Change of name or address by noncommercial registered agent.

59-11-13    Change of name, address, or type of organization by commercial registered agent.

59-11-14    Cancellation of listing for failure to file statement of change of address.

59-11-15    Resignation of registered agent.

59-11-16    Service of process on entities.

59-11-17    Alternative service of process.

59-11-18    Forms of service.

59-11-19    Perfection of service.

59-11-20    Duties of registered agent.

59-11-21    Jurisdiction and venue.

59-11-22    Consistency of application.

59-11-23    Relation to Electronic Signatures in Global and National Commerce Act.

59-11-24    Annual report--Aggregated report by secretary.

59-11-24.1    Annual report--Voluntary disclosure of beneficial interests.

59-11-24.2    Annual report--Definitions.

59-11-25    Time for filing annual report.

59-11-26    Correction of annual report.

59-11-27    Civil penalty for false documents.

59-11-28    Submission by electronic means.

59-11-1. Short title.

This chapter may be cited as the Model Registered Agents Act.

Source: SL 2008, ch 275, § 1.

59-11-2. Definition of terms.

Terms used in this chapter mean:

(1)    "Authorized person," any person given written authorization by the entity to submit a document for filing;

(2)    "Commercial registered agent," an individual or a domestic or foreign entity listed under § 59-11-7;

(3)    "Domestic entity," an entity whose internal affairs are governed by the law of this state;

(4)    "Electronic means," the electronic method or medium of communication supported by the secretary of state;

(5)    "Entity," a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:

(a)    An individual;

(b)    A testamentary, inter vivos, or charitable trust;

(c)    An association or relationship that is not a partnership by reason of § 48-7A-202(c) or a similar provision of the law of any other jurisdiction;

(d)    A decedent's estate; or

(e)    A public corporation, government or governmental subdivision, agency, or instrumentality, or quasi-governmental instrumentality;

(6)    "Execution," the act of an authorized person causing the document to be signed and submitted for filing;

(7)    "Filing entity," any domestic corporation, domestic cooperative, domestic limited liability company, domestic nonprofit corporation, domestic limited liability partnership, or domestic limited partnership;

(8)    "Foreign entity," an entity other than a domestic entity;

(9)    "Foreign qualification document," an application for a certificate of authority or other foreign qualification filing with the secretary of state by a foreign entity;

(10)    "Governance interest," the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee, or proxy, to:

(a)    Receive or demand access to information concerning, or the books and records of, the entity;

(b)    Vote for the election of the governors of the entity; or

(c)    Receive notice of or vote on any or all issues involving the internal affairs of the entity;

(11)    "Governor," a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity;

(12)    "Interest," a share or membership in a corporation;

(13)    "Interest holder," a direct holder of an interest;

(14)    "Jurisdiction of organization," with respect to an entity, the jurisdiction whose law includes the organic law of the entity;

(15)    "Noncommercial registered agent," a person that is not listed as a commercial registered agent under § 59-11-7 and that is:

(a)    An individual or a domestic or foreign entity that serves in this state as the agent for service of process of an entity; or

(b)    The individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to subsection 59-11-6(2)(b);

(16)    "Nonqualified foreign entity," a foreign entity that is not authorized to transact business in this state pursuant to a filing with the secretary of state;

(17)    "Nonresident LLP statement,":

(a)    A statement of qualification of a domestic limited liability partnership that does not have an office in this state; or

(b)    A statement of foreign qualification of a foreign limited liability partnership that does not have an office in this state;

(18)    "Organic law," the statutes, if any, other than this chapter, governing the internal affairs of an entity;

(19)    "Organic rules," the public organic document and private organic rules of an entity;

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

(21)    "Private organic rules," the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders, and are not part of its public organic document, if any;

(22)    "Public organic document," the public record the filing of which creates an entity, and any amendment to or restatement of that record;

(23)    "Qualified foreign entity," any foreign corporation, foreign cooperative, foreign limited liability company, foreign nonprofit corporation, foreign limited liability partnership, or foreign limited partnership;

(24)    "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(25)    "Registered agent," a commercial registered agent or a noncommercial registered agent;

(26)    "Registered agent filing,":

(a)    The public organic document of a domestic filing entity;

(b)    A nonresident LLP statement; or

(c)    A foreign qualification document;

(27)    "Represented entity,":

(a)    A domestic filing entity;

(b)    A domestic or qualified foreign limited liability partnership that does not have an office in this state; or

(c)    A qualified foreign entity;

(28)    "Sign," with present intent to authenticate or adopt a record:

(a)    To execute or adopt a tangible symbol; or

(b)    To attach to or logically associate with the record an electronic sound, symbol, or process;

(29)    "Transferable interest," the right under an entity's organic law to receive distributions from the entity;

(30)    "Type," with respect to an entity, means a generic form of entity:

(a)    Recognized at common law; or

(b)    Organized under an organic law, whether or not some entities organized under that organic law are subject to provisions of that law that create different categories of the form of entity.

Source: SL 2008, ch 275, § 2; SL 2010, ch 246, § 1.

59-11-3. Filing fees.

The secretary of state shall collect the following fees when the following documents are filed pursuant to this chapter:

(1)    Commercial registered agent listing statement, $100;

(2)    Commercial registered agent termination statement, $10;

(3)    Statement of change, $10 per filing entity;

(4)    Statement of resignation, no charge;

(5)    Statement appointing an agent for service of process, $10.

Source: SL 2008, ch 275, § 3.

59-11-4. Copying and certification fees.

The secretary of state shall collect the following fees for copying and certifying a copy of any document filed under this chapter:

(1)    One dollar a page for copying; and

(2)    Ten dollars for a certificate.

Source: SL 2008, ch 275, § 4.

59-11-5. Addresses in filings.

Whenever a provision of this chapter other than subdivision 59-11-15(4) requires that a filing state an address, the filing must state:

(1)    An actual street address or rural route box number in this state; and

(2)    A mailing address in this state, if different from the address under subdivision (1).

Source: SL 2008, ch 275, § 5.

59-11-6. Appointment of registered agent.

A registered agent filing must state:

(1)    The name of the represented entity's commercial registered agent; or

(2)    If the entity does not have a commercial registered agent:

(a)    The name and address of the entity's noncommercial registered agent; or

(b)    The title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.

The appointment of a registered agent pursuant to subdivision (1) or subsection (2)(a) is an affirmation by the represented entity that the agent has consented to serve as such.

Source: SL 2008, ch 275, § 6.

59-11-7. Listing of commercial registered agent.

An individual or a domestic or foreign entity may become listed as a commercial registered agent by filing with the secretary of state a commercial registered agent listing statement signed by or on behalf of the person which states:

(1)    The name of the individual or the name, type, and jurisdiction of organization of the entity;

(2)    That the person is in the business of serving as a commercial registered agent in this state; and

(3)    The address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.

A commercial registered agent listing statement may include the information regarding acceptance of service of process in a record by the commercial registered agent provided for in § 59-11-18.

If the name of a person filing a commercial registered agent listing statement is not distinguishable on the records of the secretary of state from the name of another commercial registered agent listed under this section, the person must adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent.

A commercial registered agent listing statement takes effect on filing.

Source: SL 2008, ch 275, § 7.

59-11-8. Index of commercial registered agent listing statements.

The secretary of state shall note the filing of the commercial registered agent listing statement in the index of filings maintained by the secretary of state for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities.

Source: SL 2008, ch 275, § 8.

59-11-9. Termination of listing of commercial registered agent.

A commercial registered agent may terminate its listing as a commercial registered agent by filing with the secretary of state a commercial registered agent termination statement signed by or on behalf of the agent which states:

(1)    The name of the agent as currently listed under § 59-11-7; and

(2)    That the agent is no longer in the business of serving as a commercial registered agent in this state.

A commercial registered agent termination statement takes effect on the thirty-first day after the day on which it is filed.

The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.

Source: SL 2008, ch 275, § 9.

59-11-10. Service of process until new registered agent is appointed.

When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in §§ 59-11-16 to 59-11-19, inclusive. Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.

Source: SL 2008, ch 275, § 10.

59-11-11. Change of registered agent by entity.

A represented entity may change the information currently on file under § 59-11-6 by filing with the secretary of state a statement of change signed on behalf of the entity which states:

(1)    The name of the entity; and

(2)    The information that is to be in effect as a result of the filing of the statement of change.

The interest holders or governors of a domestic entity need not approve the filing of:

(1)    A statement of change under this section; or

(2)    A similar filing changing the registered agent or registered office of the entity in any other jurisdiction.

The appointment of a registered agent pursuant to this section is an affirmation by the represented entity that the agent has consented to serve as such.

A statement of change filed under this section takes effect on filing.

As an alternative to using the procedures in this section, a represented entity may change the information currently on file under § 59-11-6 by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing.

Source: SL 2008, ch 275, § 11.

59-11-12. Change of name or address by noncommercial registered agent.

If a noncommercial registered agent changes its name or its address as currently in effect with respect to a represented entity pursuant to § 59-11-6, the agent shall file with the secretary of state, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent which states:

(1)    The name of the entity;

(2)    The name and address of the agent as currently in effect with respect to the entity;

(3)    If the name of the agent has changed, its new name; and

(4)    If the address of the agent has changed, the new address.

A statement of change filed under this section takes effect on filing.

A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.

Source: SL 2008, ch 275, § 12.

59-11-13. Change of name, address, or type of organization by commercial registered agent.

If a commercial registered agent changes its name, its address as currently listed under § 59-11-7, or its type or jurisdiction of organization, the agent shall file with the secretary of state a statement of change signed by or on behalf of the agent which states:

(1)    The name of the agent as currently listed under §59-11-7;

(2)    If the name of the agent has changed, its new name;

(3)    If the address of the agent has changed, the new address; and

(4)    If the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.

The filing of a statement of change under this section is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent.

A statement of change filed under this section takes effect on filing.

A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing.

Source: SL 2008, ch 275, § 13.

59-11-14. Cancellation of listing for failure to file statement of change of address.

If a commercial registered agent changes its address without filing a statement of change as required by § 59-11-13, the secretary of state may cancel the listing of the agent. Such cancellation has the same effect as a termination. Promptly after canceling the listing of an agent, the secretary of state shall serve notice in a record on:

(1)    Each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in §§ 59-11-16 to 59-11-19, inclusive; and

(2)    The agent, stating that the listing of the agent has been canceled under this section.

Source: SL 2008, ch 275, § 14.

59-11-15. Resignation of registered agent.

A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:

(1)    The name of the entity;

(2)    The name of the agent;

(3)    That the agent resigns from serving as agent for service of process for the entity; and

(4)    The name and address of the person to which the agent will send notice.

A statement of resignation takes effect on the earlier of the thirty-first day after the day on which it is filed or the appointment of a new registered agent for the represented entity.

The registered agent shall, pursuant to subdivision (4), promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.

When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.

A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.

Source: SL 2008, ch 275, § 15.

59-11-16. Service of process on entities.

A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.

If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office may be as shown in the most recent annual report filed with the secretary of state. Service is perfected under this section at the earliest of:

(1)    The date the entity receives the mail;

(2)    The date shown on the return receipt, if signed on behalf of the entity; or

(3)    Five days after its deposit with the United States Postal Service, if correctly addressed and with sufficient postage.

Source: SL 2008, ch 275, § 16.

59-11-17. Alternative service of process.

If process, notice, or demand cannot be served on an entity pursuant to § 59-11-16, service of process may be made by handing a copy to the manager, clerk, or other person in charge of any regular place of business or activity of the entity if the person served is not a plaintiff in the action.

Source: SL 2008, ch 275, § 17.

59-11-18. Forms of service.

Service of process, notice, or demand on a registered agent must be in the form of a written document, except that service may be made on a commercial registered agent in such other forms of a record, and subject to such requirements as the agent has stated from time to time in its listing under § 59-11-7 that it will accept.

Source: SL 2008, ch 275, § 18.

59-11-19. Perfection of service.

Service of process, notice, or demand may be perfected by any other means prescribed by law other than this chapter.

Source: SL 2008, ch 275, § 19.

59-11-20. Duties of registered agent.

The only duties under this chapter of a registered agent that has complied with this chapter are:

(1)    To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand that is served on the agent;

(2)    To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;

(3)    If the agent is a noncommercial registered agent, to keep current the information required by § 59-11-6 in the most recent registered agent filing for the entity; and

(4)    If the agent is a commercial registered agent, to keep current the information listed for it under § 59-11-7.

Source: SL 2008, ch 275, § 20.

59-11-21. Jurisdiction and venue.

The appointment or maintenance in this state of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this state. The address of the agent does not determine venue in an action or proceeding involving the entity.

Source: SL 2008, ch 275, § 21.

59-11-22. Consistency of application.

In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.

Source: SL 2008, ch 275, § 22.

59-11-23. Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

Source: SL 2008, ch 275, § 23.

59-11-24. Annual report--Aggregated report by secretary.

Each filing entity or qualified foreign entity, except a bank organized under § 51A-3-1.1, a limited partnership organized pursuant to chapter 48-7, or a series of a limited liability company established under §§ 47-34A-701 to 47-34A-707, inclusive, shall deliver to the Office of the Secretary of State for filing an annual report that sets forth:

(1)    The name of the filing entity or qualified foreign entity;

(2)    The jurisdiction under whose law it is formed;

(3)    The address of its principal office, wherever located;

(4)    The information required by § 59-11-6;

(5)    The names and business addresses of its governors except:

(a)    If a business corporation has eliminated its board of directors pursuant to § 47-1A-732, the annual report must set forth the names of the shareholders instead; and

(b)    If a limited liability company is member-managed, the names and business addresses of its governors need not be set forth; and

(6)    Whether the entity owns any agricultural land, as defined in § 43-2A-1, and, if so, whether the entity has any foreign beneficial owners.

If the entity referenced in subdivision (6) is a foreign entity or has any foreign beneficial owners, the filing must also include:

(a)    A legal description of the agricultural land or a description of the land's common location;

(b)    The total acreage of agricultural land held by the entity; and

(c)    The current use of the agricultural land.

Information in the annual report must be current as of the date the annual report is executed on behalf of the filing entity or qualified foreign entity. Any other provisions of law notwithstanding, the annual report may be executed by any authorized person. Any amendment filed is a supplement to, and not in place of, the annual filing required by this section.

On or before December first of each year, the Office of the Secretary of State shall make available to the public an aggregated report listing all foreign entities and entities with foreign beneficial ownership that indicated they owned agricultural land during the reporting period. For each entity listed, the report must include the information gathered under this section.

Source: SL 2008, ch 275, § 24; SL 2015, ch 258, § 4, eff. Jan. 1, 2016; SL 2020, ch 200, § 13, eff. Nov. 15, 2020; SL 2023, ch 169, § 1; SL 2024, ch 176, § 12.

59-11-24.1. Annual report--Voluntary disclosure of beneficial interests.

In addition to filing an annual report pursuant to § 59-11-24, a filing entity may include in its annual report a statement of voluntary disclosure of other beneficial interests.

Source: SL 2015, ch 258, § 1, eff. Jan. 1, 2016; SL 2023, ch 169, § 2.

59-11-24.2. Annual report--Definitions.

Terms used in § 59-11-24 and this section mean:

(1)    "Foreign beneficial owner," a foreign government, a natural person who is not a United States citizen, an entity registered outside the United States or its territories, or an entity owned by a foreign government or natural person who is not a United States citizen; and

(2)    "Foreign government," a government or the state-controlled enterprise of a government, other than the United States, its states, or its territories.

Source: SL 2023, ch 169, § 3.

59-11-25. Time for filing annual report.

The first annual report shall be delivered to the Office of the Secretary of State before the first day of the second month of the year following the year in which a filing entity or qualified foreign entity, except a bank organized pursuant to § 51A-3-1.1 and limited partnership organized pursuant to chapter 48-7, was authorized to transact business. The subsequent annual report shall be delivered to the Office of the Secretary of State by the same date each subsequent year.

Source: SL 2008, ch 275, § 25.

59-11-26. Correction of annual report.

If an annual report does not contain the information required by § 59-11-24, the secretary of state shall promptly notify the filing entity or qualified foreign entity in writing and return the report to it for correction. If the report is corrected to contain the information required by § 59-11-24 and delivered to the Office of the Secretary of State within thirty days after the effective date of notice, it is deemed to be timely filed.

Source: SL 2008, ch 275, § 26.

59-11-27. Civil penalty for false documents.

No person may execute an annual report, a statement of change, or an annual farm report knowing it is false in any material respect. Any violation of this section is subject to a civil penalty not to exceed five hundred dollars.

Source: SL 2010, ch 246, § 2.

59-11-28. Submission by electronic means.

Any annual report, statement of change, and annual farm report may be submitted by electronic means.

Source: SL 2010, ch 246, § 3.

CHAPTER 59-12

UNIFORM POWER OF ATTORNEY ACT

59-12-1    Definitions.

59-12-2    Applicability.

59-12-3    Durable power of attorney.

59-12-4.1    Notary exception--Vehicle title transfers to insurers.

59-12-4    Execution of power of attorney.

59-12-5    Validity of power of attorney.

59-12-6    Meaning and effect of power of attorney.

59-12-7    Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.

59-12-8    When power of attorney is effective.

59-12-9    Termination of power of attorney or agent's authority.

59-12-10    Coagents and successor agents.

59-12-11    Reimbursement and compensation of agent.

59-12-12    Agent's acceptance.

59-12-13    Agent's duties.

59-12-14    Exoneration of agent.

59-12-15    Judicial relief.

59-12-16    Agent's liability.

59-12-17    Agent's resignation--Notice.

59-12-18    Acceptance of and reliance upon acknowledged power of attorney.

59-12-19    Liability for refusal to accept acknowledged power of attorney.

59-12-20    Principles of law and equity.

59-12-21    Laws applicable to financial institutions and entities.

59-12-22    Remedies under other law.

59-12-23    Authority that requires specific grant--Grant of general authority.

59-12-24    Incorporation of authority.

59-12-25    Construction of authority generally.

59-12-26    Real property.

59-12-27    Tangible personal property.

59-12-28    Stocks and bonds.

59-12-29    Commodities and options.

59-12-30    Banks and other financial institutions.

59-12-31    Operation of entity or business.

59-12-32    Insurance and annuities.

59-12-33    Estates, trusts, and other beneficial interests.

59-12-34    Claims and litigation.

59-12-35    Personal and family maintenance.

59-12-36    Benefits from governmental programs or civil or military service.

59-12-37    Retirement plans.

59-12-38    Taxes.

59-12-39    Gifts.

59-12-40    Effect on existing powers of attorney.

59-12-41    Statutory form--Power of attorney.

59-12-42    Statutory form--Agent's certification.

59-12-43    Statutory form--Revocation.

59-12-1. Definitions.

Terms used in this chapter mean:

(1)    "Agent," a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent, and a person to whom an agent's authority is delegated;

(2)    "Durable," not terminated by the principal's incapacity;

(3)    "Electronic," relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(4)    "Good faith," honesty in fact;

(5)    "Incapacity," inability of an individual to manage property, business, or financial affairs because the individual:

(a)    Has an impairment or other deficit in the ability to receive and evaluate information or to make or communicate any decision even with the use of technological assistance; or

(b)    Is:

(i)    Missing or has disappeared;

(ii)    Detained, including incarcerated in a penal system; or

(iii)    Outside the United States and unable to return;

(6)    "Person," 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)    "Power of attorney," a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term, power of attorney, is used;

(8)    "Presently exercisable general or limited power of appointment," regarding property or an interest in property that is subject to a power of appointment, a power to vest absolute ownership in a principal individually, a principal's estate, a principal's creditors, or the creditors of a principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will;

(9)    "Principal," an individual who grants authority to an agent in a power of attorney;

(10)    "Property," anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest or right in the subject;

(11)    "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(12)    "Sign," with present intent to authenticate or adopt a record:

(a)    To execute or adopt a tangible symbol; or

(b)    To attach to or logically associate with the record an electronic sound, symbol, or process;

(13)    "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

(14)    "Stocks and bonds," stocks, bonds, mutual funds, and any other type of securities and financial instrument, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.

Source: SL 2020, ch 214, § 1.

59-12-2. Applicability.

This chapter applies to all powers of attorney other than:

(1)    A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;

(2)    A power to make health care decisions;

(3)    A proxy or other delegation to exercise voting rights or management rights with respect to an entity; or

(4)    A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.

Source: SL 2020, ch 214, § 2.

59-12-3. Durable power of attorney.

If a principal designates another as the principal’s agent by a written power of attorney which contains the words "This power of attorney shall not be affected by disability of the principal," or "This power of attorney shall become effective upon the disability of the principal," or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s disability, the authority of the power of attorney is exercisable by the agent as provided in the power of attorney on behalf of the principal notwithstanding any later disability or incapacity of the principal or later uncertainty as to whether or not the principal is dead or alive.

Source: SL 2020, ch 214, § 3.

59-12-4. Execution of power of attorney.

A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. Any signature under this section shall be acknowledged before a notary public or other individual authorized by law to take acknowledgments.

Source: SL 2020, ch 214, § 4.

59-12-4.1. Notary exception--Vehicle title transfers to insurers.

With respect to a vehicle for which title is to be transferred to an insurer, a power of attorney to make application for or to assign a certificate of title is exempt from the notarization requirements under § 59-12-4. A principal may satisfy the signature requirement provided under § 59-12-4 for a power of attorney described in this section by electronic signature.

Source: SL 2023, ch 170, § 1.

59-12-5. Validity of power of attorney.

(1)    A power of attorney executed in this state on or after July 1, 2020, is valid if its execution complies with § 59-12-4.

(2)    A power of attorney executed in this state before July 1, 2020, is valid if its execution complied with the law of this state as it existed at the time of execution.

(3)    A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

(a)    The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to § 59-12-6; or

(b)    The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044(b).

(4)    Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

Source: SL 2020, ch 214, § 5.

59-12-6. Meaning and effect of power of attorney.

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

Source: SL 2020, ch 214, § 6.

59-12-7. Nomination of conservator or guardian--Relation of agent to court-appointed fiduciary.

(1)    In a power of attorney, a principal may nominate a conservator or guardian for consideration by the court. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. A guardian appointed under this section shall be subject to the provisions of § 59-7-11.

(2)    If, after a principal executes a power of attorney, a court appoints a conservator or other fiduciary charged with the management of some or all of the principal's property, the power of attorney is terminated and the agent shall account to the conservator or other court-appointed fiduciary and promptly deliver any property of the principal in the agent's possession to the conservator or other court-appointed fiduciary unless otherwise ordered by the court.

Source: SL 2020, ch 214, § 7.

59-12-8. When power of attorney is effective.

(1)    A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(2)    If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(3)    If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:

(a)    A physician or licensed psychologist that the principal is incapacitated within the meaning in subsection 59-12-1(5)(a); or

(b)    An attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning in subsection 59-12-1(5)(b).

(4)    A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320(d), and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.

Source: SL 2020, ch 214, § 8; SL 2022, ch 187, § 1.

59-12-9. Termination of power of attorney or agent's authority.

(1)    A power of attorney terminates when:

(a)    The principal dies;

(b)    The principal becomes incapacitated, if the power of attorney is not durable;

(c)    The principal revokes the power of attorney;

(d)    The power of attorney provides that it terminates;

(e)    The purpose of a limited or special power of attorney is accomplished;

(f)    The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or

(g)    Pursuant to subdivision 59-12-7(2).

(2)    An agent's authority terminates when:

(a)    The principal revokes the authority;

(b)    The agent dies, becomes incapacitated, or resigns;

(c)    An action is filed for divorce or annulment of the agent's marriage to the principal, or for their legal separation, or for a protection order, unless the power of attorney otherwise provides;

(d)    The power of attorney terminates.

(3)    Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subdivision (2) of this section, notwithstanding a lapse of time since the execution of the power of attorney.

(4)    Termination of an agent's authority or of a power of attorney is not effective as to the agent or any other person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act performed under this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(5)    Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act performed under this section, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

(6)    The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

Source: SL 2020, ch 214, § 9.

59-12-10. Coagents and successor agents.

(1)    A principal may designate two or more persons to act as co-agents. If two or more persons are appointed as co-agents, and unless the power of attorney otherwise provides, the concurrence of a majority is required on all acts connected with the power of attorney. This restriction does not apply when any co-agent receives and receipts for property due the principal, when the concurrence of a majority cannot readily be obtained in the time reasonably available for emergency action necessary to act in the principal’s best interest, or when a co-agent has been delegated to act for others as provided in § 59-12-23. Persons dealing with a co-agent if actually unaware that another has been appointed to serve or if advised by the agent with whom they deal that the agent has authority to act alone for any of the reasons mentioned herein, are fully protected as if the person with whom they dealt has been the sole agent.

(2)    A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:

(a)    Has the same authority granted to the original agent; and

(b)    May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.

(3)    Except as otherwise provided in the power of attorney and subdivision (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.

(4)    An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subdivision is liable for any reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken any action under this section.

Source: SL 2020, ch 214, § 10.

59-12-11. Reimbursement and compensation of agent.

An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. An agent is entitled to reasonable compensation for services rendered on behalf of the principal unless the power of attorney otherwise provides. Any compensation shall be reasonable under the circumstances.

Source: SL 2020, ch 214, § 11.

59-12-12. Agent's acceptance.

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

Source: SL 2020, ch 214, § 12.

59-12-13. Agent's duties.

(1)    Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

(a)    Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and otherwise in the principal's best interest;

(b)    Act in good faith;

(c)    Act only within the scope of authority granted in the power of attorney; and

(d)    If feasible, encourage the principal to participate in decisions, to act on the principal's own behalf, and to develop or regain the capacity to manage the principal's own affairs, if the principal is incapacitated.

(2)    Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

(a)    Act loyally for the principal's benefit;

(b)    Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;

(c)    Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(d)    Keep an accurate and contemporaneous record of any receipt, disbursement, and transaction made on behalf of the principal including any reimbursement or compensation pursuant to § 59-12-11;

(e)    Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and otherwise act in the principal's best interest; and

(f)    Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:

(i)    The value and nature of the principal's property;

(ii)    The principal's foreseeable obligations and need for maintenance;

(iii)    Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(iv)    Eligibility for a benefit, a program, or assistance under a statute or regulation.

(3)    An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.

(4)    An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(5)    Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.

(6)    An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting, instructing, and monitoring the person.

(7)    Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. The agent shall comply within thirty days with the request under this section or provide a writing or other record explaining why additional time is needed and shall comply with the request under this section within thirty days from the writing or other record.

Source: SL 2020, ch 214, § 13.

59-12-14. Exoneration of agent.

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:

(1)    Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2)    Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.

Source: SL 2020, ch 214, § 14.

59-12-15. Judicial relief.

(1)    In addition to any petition under chapter 21-65, the following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:

(a)    The principal or the agent;

(b)    A guardian, conservator, or other fiduciary acting for the principal;

(c)    A person authorized to make health care decisions for the principal;

(d)    The principal's spouse, parent, or descendant;

(e)    An individual who would qualify as a presumptive heir of the principal;

(f)    A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;

(g)    A governmental agency having regulatory authority to protect the welfare of the principal;

(h)    The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and

(i)    A person asked to accept the power of attorney.

(2)    Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.

Source: SL 2020, ch 214, § 15.

59-12-16. Agent's liability.

An agent that violates the provisions of this chapter is liable to the principal or the principal's successors in interest for the amount required to:

(1)    Restore the value of the principal's property to its value had the violation not occurred; and

(2)    Reimburse the principal or the principal's successors in interest for any attorney's fees and costs paid on the agent's behalf.

Source: SL 2020, ch 214, § 16.

59-12-17. Agent's resignation--Notice.

Unless otherwise provided in the power of attorney, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to the guardian, if any, and any co-agent or successor agent, or to:

(1)    The principal's caregiver; or

(2)    If there is no principal caregiver, to:

(a)    Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or

(b)    A governmental agency having authority to protect the welfare of the principal.

Source: SL 2020, ch 214, § 17.

59-12-18. Acceptance of and reliance upon acknowledged power of attorney.

(1)    For purposes of this section and § 52-12-19, the term, South Dakota compliant, means a power of attorney signed by the principal and substantially in the form provided in § 59-12-41 and acknowledged before a notary public or other individual authorized to take acknowledgements.

(2)    A person that in good faith accepts a South Dakota compliant power of attorney without actual knowledge that the signature is not genuine may rely upon the power attorney as being valid.

(3)    A person that in good faith accepts a South Dakota compliant power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated; that the purported agent's authority is void, invalid, or terminated; or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect; the agent's authority were genuine, valid, and still in effect; and the agent had not exceeded and had properly exercised the authority.

(4)    A person that is asked to accept a South Dakota compliant power of attorney may request, and rely upon, without further investigation:

(a)    An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(b)    An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(c)    An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(5)    An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than ten business days after the power of attorney is presented for acceptance.

(6)    For purposes of this section and § 59-12-19, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.

Source: SL 2020, ch 214, § 18.

59-12-19. Liability for refusal to accept acknowledged power of attorney.

(1)    A person shall accept a South Dakota compliant power of attorney or request a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) no later than ten business days after presentation of the power of attorney for acceptance. If a person requests a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(2)    A person is not required to accept a South Dakota compliant power of attorney if:

(a)    The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

(b)    Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;

(c)    The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;

(d)    A request for a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) is refused;

(e)    The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subdivision 59-12-18(4) has been requested or provided; or

(f)    The person makes, or has actual knowledge that another person has made, a report to the South Dakota Department of Social Services, South Dakota Department of Human Services, or law enforcement stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(3)    A person that refuses in violation of this section to accept a South Dakota compliant power of attorney is subject to:

(a)    A court order mandating acceptance of the power of attorney; and

(b)    Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

Source: SL 2020, ch 214, § 19.

59-12-20. Principles of law and equity.

Unless otherwise required under this chapter, the principles of law and equity apply to the provisions of this chapter.

Source: SL 2020, ch 214, § 20.

59-12-21. Laws applicable to financial institutions and entities.

Nothing in this chapter may be interpreted to amend or supersede any other law applicable to financial institutions or other entities.

Source: SL 2020, ch 214, § 21.

59-12-22. Remedies under other law.

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the laws of this state.

Source: SL 2020, ch 214, § 22.

59-12-23. Authority that requires specific grant--Grant of general authority.

(1)    An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

(a)    Create, amend, revoke, or terminate an inter vivos trust;

(b)    Make a gift;

(c)    Create or change rights of survivorship;

(d)    Create or change a beneficiary designation;

(e)    Delegate authority granted under the power of attorney;

(f)    Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;

(g)    Exercise fiduciary powers that the principal has authority to delegate;

(h)    Exercise authority over the content of electronic communications, as defined in 18 U.S.C. § 2510(12) and as provided under chapter 55-19, which are sent or received by the principal; or

(i)    Disclaim property, including a power of appointment.

(2)    Notwithstanding a grant of authority to do an act described in subdivision (1), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

(3)    Subject to subdivisions (1), (2), (4), and (5) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in §§ 59-12-26 through 59-12-38.

(4)    Unless otherwise provided by the power of attorney, a grant of authority to make a gift is subject to § 59-12-39.

(5)    Subject to subdivisions (1), (2), and (4) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

(6)    Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

(7)    An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.

(8)    Notwithstanding the provisions of subdivision (1), an agent may amend, terminate, or revoke an inter vivos revocable trust only when the settlor is incapacitated or not reasonably available and to the extent expressly authorized by the power of attorney and by the terms of the governing trust instrument.

Source: SL 2020, ch 214, § 23.

59-12-24. Incorporation of authority.

(1)    An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in §§ 59-12-26 through 59-12-39 or cites the section in which the authority is described.

(2)    A reference in a power of attorney to general authority with respect to the descriptive term for a subject in §§ 59-12-26 through 59-12-39 or a citation to §§ 59-12-26 through 59-12-39 incorporates the entire section as if it were set out in full in the power of attorney.

(3)    A principal may modify authority incorporated by reference.

Source: SL 2020, ch 214, § 24.

59-12-25. Construction of authority generally.

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in §§ 59-12-26 through 59-12-39 or that grants to an agent authority to do all acts that a principal could do pursuant to subdivision 59-12-23(3), a principal authorizes the agent, regarding that subject, to:

(1)    Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

(2)    Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(3)    Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;

(4)    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5)    Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;

(6)    Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(7)    Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;

(8)    Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;

(9)    Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

(10)    Do any lawful act with respect to the subject and all property related to the subject.

Source: SL 2020, ch 214, § 25.

59-12-26. Real property.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:

(1)    Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;

(2)    Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;

(3)    Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4)    Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;

(5)    Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:

(a)    Insuring against liability or casualty or other loss;

(b)    Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;

(c)    Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and

(d)    Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;

(6)    Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;

(7)    Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

(a)    Selling or otherwise disposing of them;

(b)    Exercising or selling an option, right of conversion, or similar right with respect to them; and

(c)    Exercising any voting rights in person or by proxy;

(8)    Change the form of title of an interest in or right incident to real property; and

(9)    Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.

Source: SL 2020, ch 214, § 26.

59-12-27. Tangible personal property.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:

(1)    Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;

(2)    Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;

(3)    Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4)    Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;

(5)    Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:

(a)    Insuring against liability, casualty, or other loss;

(b)    Obtaining or regaining possession of or protecting the property or interest by litigation or otherwise;

(c)    Paying, assessing, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with taxes or assessments;

(d)    Relocating the property;

(e)    Storing the property for hire or on a gratuitous bailment; and

(f)    Using and making repairs, alterations, or improvements to the property; and

(6)    Change the form of title of an interest in tangible personal property.

Source: SL 2020, ch 214, § 27.

59-12-28. Stocks and bonds.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:

(1)    Buy, sell, and exchange stocks and bonds;

(2)    Establish, continue, modify, or terminate an account with respect to stocks and bonds;

(3)    Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;

(4)    Receive certificates and other evidences of ownership with respect to stocks and bonds; and

(5)    Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

Source: SL 2020, ch 214, § 28.

59-12-29. Commodities and options.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:

(1)    Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and

(2)    Establish, continue, modify, and terminate option accounts.

Source: SL 2020, ch 214, § 29.

59-12-30. Banks and other financial institutions.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:

(1)    Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;

(2)    Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;

(3)    Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;

(4)    Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;

(5)    Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;

(6)    Enter a safe deposit box or vault and withdraw or add to the contents;

(7)    Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(8)    Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;

(9)    Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;

(10)    Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and

(11)    Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

Source: SL 2020, ch 214, § 30.

59-12-31. Operation of entity or business.

Subject to the terms of the governing instrument of an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority regarding operation of an entity or business authorizes the agent to:

(1)    Operate, buy, sell, enlarge, reduce, or terminate an ownership interest;

(2)    Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;

(3)    Enforce the terms of an ownership agreement;

(4)    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;

(5)    Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;

(6)    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;

(7)    With respect to an entity or business owned solely by the principal:

(a)    Continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business;

(b)    Determine:

(i)    The location of its operation;

(ii)    The nature and extent of its business;

(iii)    The methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;

(iv)    The amount and types of insurance carried; and

(v)    The mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;

(c)    Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and

(d)    Demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;

(8)    Put additional capital into an entity or business in which the principal has an interest;

(9)    Join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;

(10)    Sell or liquidate all or part of an entity or business;

(11)    Establish the value of an entity or business under a buy-out agreement to which the principal is a party;

(12)    Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and

(13)    Pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.

Source: SL 2020, ch 214, § 31.

59-12-32. Insurance and annuities.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:

(1)    Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;

(2)    Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;

(3)    Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;

(4)    Apply for and receive a loan secured by a contract of insurance or annuity;

(5)    Surrender and receive the cash surrender value on a contract of insurance or annuity;

(6)    Exercise an election;

(7)    Exercise investment powers available under a contract of insurance or annuity;

(8)    Change the manner of paying premiums on a contract of insurance or annuity;

(9)    Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;

(10)    Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;

(11)    Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;

(12)    Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and

(13)    Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.

Source: SL 2020, ch 214, § 32.

59-12-33. Estates, trusts, and other beneficial interests.

(1)    For purposes of this section, the terms, estate, trust, or other beneficial interest, mean a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.

(2)    Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:

(a)    Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;

(b)    Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;

(c)    Exercise for the benefit of the principal a presently exercisable general or limited power of appointment held by the principal;

(d)    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;

(e)    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;

(f)    Conserve, invest, disburse, or use anything received for an authorized purpose;

(g)    Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a trust; and

(h)    Act as a representative pursuant to subdivision 55-18-9(8), except as otherwise provided in subdivision 59-12-23(8).

Source: SL 2020, ch 214, § 33.

59-12-34. Claims and litigation.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

(1)    Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2)    Bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3)    Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(4)    Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;

(5)    Submit to alternative dispute resolution, settle, and propose or accept a compromise;

(6)    Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(7)    Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

(8)    Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(9)    Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.

Source: SL 2020, ch 214, § 34.

59-12-35. Personal and family maintenance.

(1)    Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:

(a)    Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:

(i)    The principal's minor children;

(ii)    Other individuals legally entitled to be supported by the principal; and

(iii)    The individuals whom the principal has customarily supported or indicated the intent to support;

(b)    Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

(c)    Provide living quarters for the individuals described in subsection (1)(a) by:

(i)    Purchase, lease, or other contract; or

(ii)    Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;

(d)    Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1)(a);

(e)    Pay expenses for necessary health care and custodial care on behalf of the individuals described in subsection (1)(a);

(f)    Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 to 1179, inclusive, of the Social Security Act, 42 U.S.C. § 1320(d), and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;

(g)    Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1)(a);

(h)    Maintain credit and debit accounts for the convenience of the individuals described in subsection (1)(a) and open new accounts; and

(i)    Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.

(2)    Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.

Source: SL 2020, ch 214, § 35.

59-12-36. Benefits from governmental programs or civil or military service.

(1)    For purposes of this section, the terms, benefits from governmental programs, or civil or military service, mean any benefit, program, or assistance provided under a statute or regulation including but not limited to, Social Security, Medicare, and Medicaid.

(2)    Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:

(a)    Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or political subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subsection 59-12-35(1)(a), and for shipment of their household effects;

(b)    Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;

(c)    Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;

(d)    Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;

(e)    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and

(f)    Receive the financial proceeds of a claim described in paragraph (d) and conserve, invest, disburse, or use for a lawful purpose anything so received.

Source: SL 2020, ch 214, § 36.

59-12-37. Retirement plans.

(1)    For purposes of this section, the term, retirement plan, means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:

(a)    An individual retirement account under 26 U.S.C. § 408;

(b)    A Roth individual retirement account under 26 U.S.C. § 408A;

(c)    A deemed individual retirement account under 26 U.S.C. § 408(q);

(d)    An annuity or mutual fund custodial account under 26 U.S.C. § 403(b);

(e)    A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. § 401(a);

(f)    A plan under 26 U.S.C. § 457(b); and

(g)    A nonqualified deferred compensation plan under 26 U.S.C. § 409A.

(2)    Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:

(a)    Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;

(b)    Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;

(c)    Establish a retirement plan in the principal's name;

(d)    Make contributions to a retirement plan;

(e)    Exercise investment powers available under a retirement plan; and

(f)    Borrow from, sell assets to, or purchase assets from a retirement plan.

Source: SL 2020, ch 214, § 37.

59-12-38. Taxes.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

(1)    Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under 26 U.S.C. § 2032A, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;

(2)    Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

(3)    Exercise any election available to the principal under federal, state, local, or foreign tax law; and

(4)    Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.

Source: SL 2020, ch 214, § 38.

59-12-39. Gifts.

(1)    For purposes of this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition plan as defined under 26 U.S.C. § 529.

(2)    Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:

(a)    Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. § 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to 26 U.S.C. § 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and

(b)    Consent, pursuant to 26 U.S.C. § 2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.

(3)    An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including but not limited to:

(a)    The value and nature of the principal's property;

(b)    The principal's foreseeable obligations and need for maintenance;

(c)    Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;

(d)    Eligibility for a benefit, a program, or assistance under a statute or regulation; and

(e)    The principal's personal history of making or joining in making gifts.

Source: SL 2020, ch 214, § 39.

59-12-40. Effect on existing powers of attorney.

Except as otherwise provided in this chapter:

(1)    This chapter applies to a power of attorney created on, or after July 1, 2020;

(2)    This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2020;

(3)    This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2020, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4)    An act done before July 1, 2020 is not affected by this chapter.

Source: SL 2020, ch 214, § 40.

59-12-41. Statutory form--Power of attorney.

A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.

SOUTH DAKOTA

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in SDCL chapter 59-12.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are required to have a majority to act unless you include otherwise in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I ________________________________ name the following person as my agent:

(Name of Principal)

Name of Agent: ______________________________________

Agent's Address: _____________________________________

Agent's Telephone Number: ____________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent: ________________________________

Successor Agent's Address: _______________________________

Successor Agent's Telephone Number: ______________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent: ___________________________

Second Successor Agent's Address: ___________________________

Second Successor Agent's Telephone Number: __________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the SDCL chapter 59-12:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

(___) Real Property (§ 59-12-26)

(___) Tangible Personal Property (§ 59-12-27)

(___) Stocks and Bonds (§ 59-12-28)

(___) Commodities and Options (§ 59-12-29)

(___) Banks and Other Financial Institutions (§ 59-12-30)

(___) Operation of Entity or Business (§ 59-12-31)

(___) Insurance and Annuities (§ 59-12-32)

(___) Estates, Trusts, and Other Beneficial Interests (§ 59-12-33)

(___) Claims and Litigation (§ 59-12-34)

(___) Personal and Family Maintenance (§ 59-12-35)

(___) Benefits from Governmental Programs or Civil or Military Service (§ 59-12-36)

(___) Retirement Plans (§ 59-12-37)

(___) Taxes (§ 59-12-38)

(___) All Preceding Subjects (§§ 59-12-26 through 59-12-38)

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

(___) Create an inter vivos trust or amend, revoke, or terminate a trust

(___) Make a gift, subject to the limitations of § 59-12-39 and any special instructions in this power of attorney

(___) Create or change rights of survivorship

(___) Create or change a beneficiary designation

(___) Authorize another person to exercise the authority granted under this power of attorney

(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

(___) Exercise fiduciary powers that the principal has authority to delegate

(___) Access the content of electronic communications

(___) Disclaim or refuse an interest in property, including a power of appointment

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

(INITIAL if you wish for the agent to have authority immediately and also during your later incapacity.)

(___) This power of attorney is effective immediately and shall not be affected by disability of the principal.

(INITIAL if you wish for the agent to only have authority upon your incapacity instead of

immediately.)

(___) My agent(s) shall only have the authority to act upon my later incapacity.

(INITIAL if you wish for the agent to have authority immediately but not during your later incapacity.)

(___) This power of attorney is effective immediately but shall terminate upon my later incapacity.

You may give additional special instructions on the following lines:

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR AND/OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a conservator of my estate, I nominate the following person(s) for appointment:

Name of Nominee for conservator of my estate:

_________________________________________________________________

Nominee's Address: ________________________________________________

Nominee's Telephone Number: ___________________________

If it becomes necessary for a court to appoint a guardian of my person, I nominate the following person(s) for appointment:

Name of Nominee for guardian of my person:

_________________________________________________________________

Nominee's Address: ________________________________________________

Nominee's Telephone Number: _________________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy

of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

________________________________________ _________________, 2____

Your Signature Date

____________________________________________

Your Name Printed

____________________________________________

Your Address

____________________________________________

Your Telephone Number

State of ____________________________ )

)SS.

County of___________________________)

This Statutory Form Power of Attorney document was acknowledged before me on

_____________________, 2_____ by ___________________________________.

(Date) (Name of Principal)

___________________________________________ (Seal)

Signature of Notary Public

My commission expires:

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1)    Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2)    Act in good faith;

(3)    Do nothing beyond the authority granted in this power of attorney; and

(4)    Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

(Principal's Name) by (Your Signature) as Agent under POA dated (Date)

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1)    Act loyally for the principal's benefit;

(2)    Avoid conflicts that would impair your ability to act in the principal's best interest;

(3)    Act with care, competence, and diligence;

(4)    Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5)    Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6)    Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1)    Death of the principal;

(2)    The principal's revocation of the power of attorney or your authority;

(3)    The occurrence of a termination event stated in the power of attorney;

(4)    The purpose of the power of attorney is fully accomplished; or

(5)    If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in SDCL chapter 59-12. If you violate SDCL chapter 59-12 or act outside the authority granted, you may be liable for any damages caused by your violation.

In addition to civil liability, failure to comply with your duties and authority granted under this document could subject you to criminal prosecution for grand theft, embezzlement of property received in trust, among other criminal charges.

If the principal is 65 years of age or older, or an adult with a disability, you could also be prosecuted for elder abuse and financial exploitation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Source: SL 2020, ch 214, § 41.

59-12-42. Statutory form--Agent's certification.

The following optional form may be used by an agent to certify facts concerning a power of attorney. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of ______________________)

)SS. AFFIDAVIT

County of_____________________)

I, _____________________________________________ (Name of Agent), certify under penalty of perjury that _____________________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________, 2____.

I further certify that to my knowledge:

(1)    The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2)    If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3)    If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4)_____________________________________________________________________________________________________________________________________________________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

___________________________________________________________, 2____

Agent's Signature              Date

____________________________________________

Agent's Name Printed

Agent's Address____________________________________________

Agent's Telephone Number____________________________________________

State of ____________________________ )

)SS.

County of___________________________)

This Agent's Certification as to the Validity of Power of Attorney and Agent's Authority document was acknowledged before me on _____________________, 2_____ by ___________________________________. (Date) (Name of Agent)

____________________________________________(Seal)

Signature of Notary Public

My commission expires:

Source: SL 2020, ch 214, § 42.

59-12-43. Statutory form--Revocation.

A document substantially in the following form may be used to create a statutory form revocation of power of attorney that has the meaning and effect prescribed by this chapter. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.

SOUTH DAKOTA

STATUTORY FORM REVOCATION OF POWER OF ATTORNEY

IMPORTANT INFORMATION

This revocation of power of attorney revokes a previously executed power of attorney including any nominations of guardian or conservator made within that instrument. This revocation does not revoke any power of attorney authorizing the agent to make health-care decisions for you. You should immediately deliver copies of this revocation to any person, institution, or company

that has a copy of the original power of attorney.

REVOCATION OF POWER OF ATTORNEY

I ________________________________ previously executed a Statutory Form Power of

(Name of Principal)

Attorney with a date of ______________________, 2____ and named the following person as my agent:

Name of Agent: _________________________________

Agent's Address: _________________________________

Agent's Telephone Number: _________________________

I also named the following successor agent(s):

Name of Successor Agent: _____________________________

Successor Agent's Address: _____________________________

Successor Agent's Telephone Number: ______________________

Name of Second Successor Agent: ___________________________

Second Successor Agent's Address: _________________________

Second Successor Agent's Telephone Number: _________________

I now hereby revoke that Statutory Form Power of Attorney.

EFFECTIVE DATE

This revocation of power of attorney is effective immediately.

SIGNATURE AND ACKNOWLEDGMENT

____________________________________________ ______________, 2____

Your Signature Date

____________________________________________

Your Name Printed

____________________________________________

Your Address

____________________________________________

Your Telephone Number

State of ____________________________ )

)SS.

County of ___________________________)

This Statutory Form Revocation of Power of Attorney document was acknowledged before me on _____________________, 2_____ by ___________________________________.

(Date) (Name of Principal)

____________________________________________ (Seal)

Signature of Notary Public

My commission expires:

Source: SL 2020, ch 214, § 43.