In a hybrid purpose trust when the interests of the beneficiaries and purposes are concurrent, the trustee shall maintain not less than two separate shares, one for the beneficiaries; and a second for the purposes, and the trustee may be liable to the beneficiaries for the actual damages caused thereby, if any, for failing to do so.
S.D. Codified Laws § 55-1-22.1
Separate shares for beneficiaries and purposes to be maintained in hybrid purpose trust
Source: SL 2018, ch 275, § 15.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.