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SD HB1248
Bill
Status
2/2/2026
Primary Sponsor
Julie Auch
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AI Summary
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Amends § 57A-8-110 to replace references to "the securities intermediary's jurisdiction" with "this state" (South Dakota), making South Dakota law govern security entitlements, rights and duties of securities intermediaries, and adverse claims
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Removes the existing multi-factor test for determining a securities intermediary's jurisdiction, which previously allowed jurisdiction to be set by agreement, governing law provisions, account location, or chief executive office location
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Amends § 57A-8-511 to eliminate provisions that gave creditors with control over financial assets priority over entitlement holders, and removes special priority rules for clearing corporations
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Amends § 57A-8-503 to remove the cross-reference exception to § 57A-8-511 regarding creditor claims against financial assets held by securities intermediaries
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Amends § 57A-9-305 to apply South Dakota law to perfection and priority of security interests in security entitlements and securities accounts, removing the previous jurisdiction-selection framework
Legislative Description
Amend provisions of the Uniform Commercial Code.
Uniform Commercial Code
Last Action
Judiciary Deferred to the 41st legislative day, Passed, YEAS 12, NAYS 1. H.J. 23
2/20/2026