South Dakota § 47-1A-1103.2 Procedures for approval of share exchange if not in organic law of entity.

South Dakota Statutes

§ 47-1A-1103.2 — Procedures for approval of share exchange if not in organic law of entity.

South Dakota § 47-1A-1103.2

Title 47CORPORATIONS

Ch. 47-1SOUTH DAKOTA BUSINESS CORPORATION ACT

This text of South Dakota § 47-1A-1103.2 (Procedures for approval of share exchange 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-1103.2 (2026).

Text

If the organic law of a domestic other entity does not provide procedures for the approval of a share exchange, a plan of share exchange may be adopted and approved, and the share exchange effectuated, in accordance with the procedures, if any, for a merger. If the organic law of a domestic other entity does not provide procedures for the approval of either a share exchange or a merger, a plan of share exchange may be adopted and approved, the share exchange 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 other entity, its interest holders, int

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If the organic law of a domestic other entity does not provide procedures for the approval of a share exchange, a plan of share exchange may be adopted and approved, and the share exchange effectuated, in accordance with the procedures, if any, for a merger. If the organic law of a domestic other entity does not provide procedures for the approval of either a share exchange or a merger, a plan of share exchange may be adopted and approved, the share exchange 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 other entity, its interest holders, 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 other entity are managed by a group of persons that is not identical to the interest holders, that group shall be deemed to be the board of directors.