South Dakota § 47-1A-1102.2 Procedures for approval of merger if not in organic law of entity.

South Dakota Statutes

§ 47-1A-1102.2 — Procedures for approval of merger if not in organic law of entity.

South Dakota § 47-1A-1102.2

Title 47CORPORATIONS

Ch. 47-1SOUTH DAKOTA BUSINESS CORPORATION ACT

This text of South Dakota § 47-1A-1102.2 (Procedures for approval of merger if not in organic law of entity.) 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 § 47-1A-1102.2 (2026).

Text

If the organic law of a domestic eligible entity does not provide procedures for the approval of a merger, a plan of merger may be adopted and approved, the merger effectuated, and appraisal rights exercised in accordance with the procedures in §§ 47-1A-1101 to 47-1A-1108 , inclusive, and §§ 47-1A-1301 to 47-1A-1331.2 , inclusive. For the purposes of applying §§ 47-1A-1101 to 47-1A-1108 , inclusive, and §§ 47-1A-1301 to 47-1A-1331.2 , inclusive:

(1)The eligible entity, its members or interest holders, eligible interests, and organic documents taken together shall be deemed to be a domestic business corporation, shareholders, shares, and articles of incorporation, respectively and vice versa as the context may require; and (2) If the business and affairs of the eligible entity are ma

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If the organic law of a domestic eligible entity does not provide procedures for the approval of a merger, a plan of merger may be adopted and approved, the merger effectuated, and appraisal rights exercised in accordance with the procedures in §§ 47-1A-1101 to 47-1A-1108 , inclusive, and §§ 47-1A-1301 to 47-1A-1331.2 , inclusive. For the purposes of applying §§ 47-1A-1101 to 47-1A-1108 , inclusive, and §§ 47-1A-1301 to 47-1A-1331.2 , inclusive: (1) The eligible entity, its members or interest holders, eligible interests, and organic documents taken together shall be deemed to be a domestic business corporation, shareholders, shares, and articles of incorporation, respectively and vice versa as the context may require; and (2) If the business and affairs of the eligible entity are managed by a group of persons that is not identical to the members or interest holders, that group shall be deemed to be the board of directors.