South Dakota Statutes

§ 47-1A-833 — Directors' liability for unlawful distributions.

South Dakota·Title 47 CORPORATIONS·Ch. 47-1 SOUTH DAKOTA BUSINESS CORPORATION ACT

A director who votes for or assents to a distribution in excess of what may be authorized and made pursuant to § 47-1A-640 or 47-1A-1409 is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating § 47-1A-640 or 47-1A-1409 if the party asserting liability establishes that when taking the action the director did not comply with §§ 47-1A-830 and 47-1A-830.1 . A proceeding to enforce the liability of a director under this section is barred unless it is commenced within two years after the date:

(1)On which the effect of the distribution was measured under § 47-1A-640.2 or 47-1A-640.4 ;
(2)As of which the violation of § 47-1A-640 occurred as the consequence of disregard of a restriction in the articles of in

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South Dakota § 47-1A-833 (Directors' liability for unlawful distributions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 2005, ch 239, § 162.

Nearby Sections

15
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