South Dakota Statutes

§ 47-34A-1101 — Direct action by member.

South Dakota·Title 47 CORPORATIONS·Ch. 47-34 UNIFORM LIMITED LIABILITY COMPANY ACT
(a)Subject to subsection (b), a member may maintain a direct action against another member, a manager, or the limited liability company to enforce the member's rights and otherwise protect the member's interests, including rights and interests under the operating agreement or this chapter or arising independently of the membership relationship.
(b)A member maintaining a direct action under this section must plead an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited liability company.

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Related

MacH v. Connors
979 N.W.2d 161 (South Dakota Supreme Court, 2022)
4 case citations
Stewart v. Plains Commerce Bank
(D. South Dakota, 2025)
Trigger Energy Holdings v. Stevens
2025 S.D. 72 (South Dakota Supreme Court, 2025)

Legislative History

SL 1998, ch 272, § 1101; SL 2013, ch 233, § 39.

Nearby Sections

15
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