South Dakota Codified Laws 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.
Terms Used In South Dakota Codified Laws 59-12-18
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(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.