South Dakota § 47-34A-103.1 Effect of records that conflict with §

South Dakota Statutes

§ 47-34A-103.1 — Effect of records that conflict with §

South Dakota § 47-34A-103.1

Title 47CORPORATIONS

Ch. 47-34UNIFORM LIMITED LIABILITY COMPANY ACT

This text of South Dakota § 47-34A-103.1 (Effect of records that conflict with §) 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 § 47-34A-103.1 (2026).

Text

(a)If a record that has been delivered by a limited liability company to the Office of the Secretary of State for filing and has become effective under this chapter, contains a provision that would be ineffective under § 47-34A-103 if contained in the operating agreement, the provision is likewise ineffective in the record.

(b)Subject to subsection (a) of this section, if a record that has been delivered by a limited liability company to the Office of the Secretary of State for filing, and which has become effective under this chapter, conflicts with a provision of the operating agreement:

(1)The operating agreement prevails as to members, dissociated members, transferees, and managers; and (2) The record prevails as to other persons to the extent they reasonably rely on the recor

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(a) If a record that has been delivered by a limited liability company to the Office of the Secretary of State for filing and has become effective under this chapter, contains a provision that would be ineffective under § 47-34A-103 if contained in the operating agreement, the provision is likewise ineffective in the record. (b) Subject to subsection (a) of this section, if a record that has been delivered by a limited liability company to the Office of the Secretary of State for filing, and which has become effective under this chapter, conflicts with a provision of the operating agreement: (1) The operating agreement prevails as to members, dissociated members, transferees, and managers; and (2) The record prevails as to other persons to the extent they reasonably rely on the record.