§ 47-34A-1006 — Revocation of certificate of authority.

South Dakota § 47-34A-1006

• Jurisdiction: South Dakota
• Title 47: CORPORATIONS
• Ch. 47-34: UNIFORM LIMITED LIABILITY COMPANY ACT

Text

(a) A certificate of authority of a foreign limited liability company to transact business in this state may be revoked by the secretary of state in the manner provided in subsections (b) and (c) if the company does not: (1) Pay, within sixty days after the due date, any fee, tax, or penalty due to the secretary of state under this chapter or law other than this chapter; (2) Deliver, within sixty days after the due date, its annual report required under § 47-34A-211 ; (3) Appoint and maintain an agent for service of process as required by South Dakota law; or (4) Deliver for filing a statement of a change within thirty days after a change has occurred in the name or address of the agent. (b) To revoke a certificate of authority of a foreign limited liability company, the secretary of state must prepare, sign, and file a notice of revocation and send a copy to the company's agent for service of process in this state, or if the company does not appoint and maintain a proper agent in this state, to the company's designated office. The notice must state: (1) The revocation's effective date, which must be at least sixty days after the date the secretary of state sends the copy; and (2) The grounds for revocation under subsection (a). (c) The authority of a foreign limited liability company to transact business in this state ceases on the effective date of the notice of revocation unless before that date the company cures each ground for revocation stated in the notice filed under subsection (b). If the company cures each ground, the secretary of state shall file a record so stating.

Legislative History

SL 1998, ch 272, § 1006; SL 2008, ch 275, § 80; SL 2013, ch 233, § 35.