SDCL § 51A-6A-41: Insolvency defined.

A trust company is insolvent if:

(1) The actual cash market value of its assets is insufficient to pay its creditor liabilities except that for this purpose unconditional evidence of indebtedness of the United States of America may be valued, at the discretion of the director, at par, cost or fair market value, whichever is the lesser; or

(2) It is unable to meet the demands of its creditors in the usual and customary manner.

Source: SL 1995, ch 268, § 39.