South Dakota § 47-1A-120.1 Terms of plan or filed document dependent on extrinsic facts--Applicable provisions.

South Dakota Statutes

§ 47-1A-120.1 — Terms of plan or filed document dependent on extrinsic facts--Applicable provisions.

South Dakota § 47-1A-120.1

Title 47CORPORATIONS

Ch. 47-1SOUTH DAKOTA BUSINESS CORPORATION ACT

This text of South Dakota § 47-1A-120.1 (Terms of plan or filed document dependent on extrinsic facts--Applicable provisions.) 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-120.1 (2026).

Text

If a provision of this chapter permits any of the terms of a plan or a filed document to be dependent on facts objectively ascertainable outside the plan or filed document, the following provisions apply:

(1)The manner in which the facts will operate upon the terms of the plan or filed document shall be set forth in the plan or filed document;

(2)The facts may include:

(a)Any of the following that are available in a nationally recognized news or information medium either in print or electronically: statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data;

(b)A determination or action by any person, including the corporation or any other party to a plan or filed documen

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If a provision of this chapter permits any of the terms of a plan or a filed document to be dependent on facts objectively ascertainable outside the plan or filed document, the following provisions apply: (1) The manner in which the facts will operate upon the terms of the plan or filed document shall be set forth in the plan or filed document; (2) The facts may include: (a) Any of the following that are available in a nationally recognized news or information medium either in print or electronically: statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data; (b) A determination or action by any person, including the corporation or any other party to a plan or filed document; or (c) The terms of, or actions taken under, an agreement to which the corporation is a party, or any other agreement or document. For the purposes of this section, a filed document is a document filed with the Office of the Secretary of State under any provision of this chapter except §§ 47-1A-1502 to 47-1A-1601 , inclusive, or §§ 47-1A-1621.1 to 47-1A-1701 , inclusive, and a plan is a plan of domestication, nonprofit conversion, entity conversion, merger, or share exchange.