South Dakota § 21-28-12 Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.

South Dakota Statutes

§ 21-28-12 — Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.

South Dakota § 21-28-12

Title 21JUDICIAL REMEDIES

Ch. 21-28REMEDIES IN NATURE OF QUO WARRANTO AND SCIRE FACIAS

This text of South Dakota § 21-28-12 (Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-28-12 (2026).

Text

An action may be brought by any state's attorney in the name of the state or by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, for the purpose of vacating the charter or articles of incorporation, or for annulling the existence of corporations other than municipal, whenever such corporation shall:

(1)Offend against any of the laws creating, altering, or renewing such corporation;

(2)Violate the provisions of any law, by which such corporation shall have forfeited its charter or articles of incorporation by abuse of its power;

(3)Have forfeited its privileges of franchises by a failure to exercise its powers;

(4)Have done or omitted any act which amounts to a surrender of its corporate rights, privileges, and fran

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An action may be brought by any state's attorney in the name of the state or by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, for the purpose of vacating the charter or articles of incorporation, or for annulling the existence of corporations other than municipal, whenever such corporation shall: (1) Offend against any of the laws creating, altering, or renewing such corporation; (2) Violate the provisions of any law, by which such corporation shall have forfeited its charter or articles of incorporation by abuse of its power; (3) Have forfeited its privileges of franchises by a failure to exercise its powers; (4) Have done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises; (5) Exercise a franchise or privilege not conferred upon it by law.