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Home » US Law » 2022 South Dakota Codified Laws » Title 47 - Corporations » Chapter 14A - South Dakota Business Trust Act » Section 47-14A-26 – Trustee acting in reliance on governing instrument not liable to trust or beneficial owner–Duties determined by governing instrument.

47-14A-26. Trustee acting in reliance on governing instrument not liable to trust or beneficial owner–Duties determined by governing instrument.

To the extent that, at law or in equity, a trustee has duties (including fiduciary duties) and liabilities relating thereto to a business trust or to a beneficial owner:

(1)Any such trustee acting under a governing instrument is not liable to the business trust or to any such beneficial owner for the trustee’s good faith reliance on the provisions of such governing instrument; and

(2)The trustee’s duties and liabilities may be expanded or restricted by provisions in a governing instrument.

Source: SL 2001, ch 245, §26.