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The primary drawbacks to establishing a South Dakota dynastic trust are the restrictions on your financial flexibility once the trust is established and the limited flexibility imposed on beneficiaries.
South Dakota's privacy statute provides for a total seal forbidding the release of trust information, including names of settlors, beneficiaries, and the contents of a trust, to the public during litigation.
A state constitutional amendment passed in 1946 prohibits any person's right to work from being ?denied or abridged on account of membership or nonmembership in any labor union, or labor organization.? Currently, South Dakota is one of the twenty-five states in the country to enact right to work laws.
Employment relationships in South Dakota may be 'terminated at will,' which means an employer does not need a specific reason to fire an employee. This is the same concept as an employee not needing a specific reason to quit a job. Generally, the only exceptions to this rule are when: A contract for employment exists.
Dynasty Trusts can last forever (at least in South Dakota). This provides you with the opportunity to protect your loved ones for generations to come - providing long lasting security.
Payment of accrued, unused vacation on termination is also not addressed by state statutes. Because South Dakota's Legislature and its courts have not provided any information about vacation leave, employers are free to create their own policies regarding vacation leave and PTO payout at termination.
Asset Protection Trusts South Dakota was the first state to enact a discretionary trust statute designed to protect trust assets from creditors. This statutory protection also applies to self-settled trusts, these being trusts settled by a transferor of which the transferor is a beneficiary.
South Dakota was the first state in the nation to abolish the Rule Against Perpetuities ? which prohibited unlimited-duration trusts ? in 1983, clearing the way for the creation of the Dynasty Trust.