South Dakota Statutes
§ 47-34A-1103 — Proper plaintiff.
South Dakota § 47-34A-1103
This text of South Dakota § 47-34A-1103 (Proper plaintiff.) 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-1103 (2026).
Text
(a)Except as otherwise provided in subsection (b), a derivative action under § 47-34A-1102 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.
(b)If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.
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Related
Stewart v. Plains Commerce Bank
(D. South Dakota, 2025)
Legislative History
SL 1998, ch 272, § 1103; SL 2013, ch 233, § 41.
Nearby Sections
15
§ 47-1-1
Repealed§ 47-1-3
Repealed§ 47-10-1
Purposes of corporations.§ 47-10-10
Incorporators.§ 47-10-11
Directors--Number and term of office.§ 47-10-13
Accumulation of surplus--Use of surplus.§ 47-10-14
Persons authorized to hold common stock.§ 47-10-18
Nonstockholder members--Duty to lend.§ 47-10-2
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Bluebook (online)
South Dakota § 47-34A-1103, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/47-34A-1103.