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South Dakota Codified Laws
Title 47
Chapter 47-22
S.D. Codified Laws ch. 47-22
Nonprofit Corporations--formation and General Powers
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47-22-1
Definitions.
47-22-2
Applicability to domestic corporations.
47-22-2.1
Applicability to corporations existing prior to 1965.
47-22-3
Applicability to foreign corporations.
47-22-4
Purposes and authority of corporations--Particular purposes--Exceptions.
47-22-5
Incorporators--Articles of incorporation.
47-22-6
Contents of articles of incorporation--Necessary recitals.
47-22-7
Corporate name--Indication of purpose.
47-22-8
Repealed
Repealed
47-22-8.1
Use of same or similar name prohibited--Non-English name to be transliterated.
47-22-9
Reservation of name--Parties entitled to reserve.
47-22-10
Procedure for reservation of name--Maximum time of reservation.
47-22-11
Transfer of reserved right--Notification to secretary of state.
47-22-12
Articles of incorporation--Endorsement and filing by secretary of state--Issuance of certificate of incorporation.
47-22-13
Commencement of corporate existence--Certificate as conclusive evidence of compliance--Exceptions.
47-22-14
Amending articles of incorporation.
47-22-15
Procedure for amendment.
47-22-16
Resolution of amendment--Submission to members at meeting--Notice of meeting--Contents of notice--Written notice of adoption required--Majority vote required.
47-22-17
Procedure in absence of members entitled to vote--Adoption of amendment by board of directors.
47-22-18
Submission of more than one amendment.
47-22-19
Articles of amendment--Contents of articles.
47-22-20
Delivery to secretary of state--Fees--Endorsement and filing--Issuance of certificate of amendment.
47-22-21
Effective date of amendment.
47-22-22
Preexisting actions unaffected--Change of name as not abating action.
47-22-23
Restatement of articles of incorporation--Procedure.
47-22-24
Resolution of restatement--Submission to members.
47-22-25
Notice of proposed restatement--Contents of notice.
47-22-26
Vote of membership--Majority vote required.
47-22-27
Procedure in absence of members entitled to vote--Adoption of restatement by board of directors.
47-22-28
Approval of restated articles--Contents of articles--Delivery to secretary of state.
47-22-28.1
Restated articles may incorporate proposed amendments--Conditions.
47-22-29
Approval by secretary of state--Fees--Endorsement and filing--Issuance of restated certificate of incorporation.
47-22-30
Effective date of restated articles.
47-22-31
Meeting of first board of directors--Organization meeting--Notice of meeting.
47-22-32
First meeting of members--Notice of meeting.
47-22-33
Adoption of initial bylaws--Amendment of bylaws--Permissible contents of bylaws.
47-22-33.1
Method of providing notice to members or directors.
47-22-34
Changing number of board of directors--Bylaws controlling absent provision in articles.
47-22-35
Emergency bylaws--Conditions creating emergency.
47-22-36
Provisions of emergency bylaws--Meetings of directors--Attendance--Priorities.
47-22-37
Modification of lines of succession during emergency.
47-22-38
Changing head office during emergency.
47-22-39
Duration of emergency bylaws.
47-22-40
Notice of meetings during emergency--Quorum.
47-22-41
Liability for actions during emergency--Willful misconduct.
47-22-42
47-22-42 to 47-22-51. Repealed by SL 2008, ch 275, § 63.
47-22-52
Powers of corporation--Perpetual succession.
47-22-53
Powers of corporation--Capacity to sue and be sued.
47-22-54
Powers of corporation--Corporate seal.
47-22-55
Powers of corporation--Dealing in real or personal property.
47-22-56
Powers of corporation--Disposal of corporate assets.
47-22-57
Powers of corporation--Lending money.
47-22-58
Powers of corporation--Securities holdings--Government obligations.
47-22-59
Powers of corporation--Contracting--Borrowing--Issuance of securities.
47-22-60
Powers of corporation--Lending--Investing--Property holding.
47-22-61
Powers of corporation--Extraterritorial operations.
47-22-62
Powers of corporation--Officers and agents.
47-22-63
Powers of corporation--Adoption of bylaws.
47-22-64
Powers of corporation--Donations--Wartime donations.
47-22-65
Repealed
Repealed
47-22-65.1
Powers of corporation--Indemnification--Defense of actions.
47-22-65.2
Indemnification against expenses and attorneys' fees.
47-22-65.3
Authorization of indemnification--Requirements--Manner of determination.
47-22-65.4
Authorization of payment of expenses prior to final disposition of action--Receipt of undertaking--Terms and conditions.
47-22-65.5
Indemnification not exclusive of other rights--Continuation of benefits to former employees--Benefits to deceased employees.
47-22-65.6
Powers of corporation--Purchase and maintenance of liability insurance.
47-22-65.7
Corporation defined.
47-22-65.8
Definition of other terms.
47-22-66
Powers of corporation--Pension plans.
47-22-67
Powers of corporation--Cessation of activities.
47-22-68
Powers of corporation--Other powers.
47-22-68.1
Restrictions on private foundations--Definition of terms.
47-22-68.2
Restrictive provisions as to income and property deemed incorporated in foundation charter.
47-22-68.3
Self-dealing by foundation prohibited.
47-22-68.4
Distributions required of foundation.
47-22-68.5
Excess business holdings prohibited to foundation.
47-22-68.6
Investments which jeopardize charitable purpose prohibited to foundation.
47-22-68.7
Taxable expenditures prohibited to foundation.
47-22-68.8
Judicial determination that required restrictions would be contrary to charter.
47-22-68.9
State powers over corporation unimpaired.
47-22-69
Ultra vires unavailable to invalidate transfers of property.
47-22-70
Circumstances under which ultra vires may be asserted--Actions by members or directors--Injunctions.
47-22-71
Circumstances under which ultra vires may be asserted--Actions by corporation against officers or directors.
47-22-72
Circumstances under which ultra vires may be asserted--Actions by attorney general to dissolve or enjoin corporation.
47-22-73
Unauthorized acting as corporation--Liability.
47-22-74
Legislative power to prescribe additional regulations.
47-22-74.1
Privacy protection policy for social security numbers of volunteers.
47-22-75
Prior incorporations validated--Previously pending actions.
47-22-76
Rights vested under prior statutes unaffected.
47-22-77
Severability and saving clause.
47-22-78
Citation of nonprofit corporation law.