law

Special Trust Account (South Dakota)

A South Dakota broker who holds a principal's money under a written contract must deposit it in a special trust account at a federally insured institution by the first legal banking day after the contract is accepted, unless all parties agree otherwise in writing. The broker must do a three-way reconciliation of bank statement, trust ledger, and check register at least monthly. Only a small amount of broker funds for bank fees is allowed; otherwise it is commingling.

Exam tip
Timing is 'first legal banking day after acceptance,' not 48 hours or three days. Reconciliation is monthly and three-way. A broker who never holds client money need not have a trust account.
Example
Earnest money is received Friday and the seller accepts Saturday; it must be in the trust account by the end of Monday, the first legal banking day.

Related terms & state variants

Sources

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Last verified: 2026-10-23