reglab/housing_qa huggingface dataset:
SD Codified L § 47-22-64 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-64 - Powers of corporation--Donations--Wartime donations.

47-22-64. Powers of corporation--Donations--Wartime donations.Each corporation shall have power to make donations for the public welfare or for charitable, scientific, or educational purposes; and in time of war to make donations in aid of war activities. Source: SL 1965, ch 24, §5 (13).
SD Codified L § 47-22-65.2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.2 - Indemnification against expenses and attorneys' fees.

47-22-65.2. Indemnification against expenses and attorneys' fees.To the extent that a director, officer, employee, or agent of a nonprofit corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subdivisions 47-22-65.1(1) and (2), or in defense of any claim, issue or matter therein, he shall be indemnified against expenses, including attorneys' fees, actually and reasonably incurred by him in connection therewith. Source: SL 1986, ch 388, §3.
SD Codified L § 47-22-65.3 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.3 - Authorization of indemnification--Requirements--Manner of determination.

47-22-65.3. Authorization of indemnification--Requirements--Manner of determination.Any indemnification under subdivisions 47-22-65.1(1) and (2), unless ordered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subdivisions 47-22-65.1(1) and (2). Such determination shall be made by the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding, or if such a quorum is not obtainable, or, even if obtainable a quorum of disinterested directors so directs, by independent legal counsel in a written opinion. Source: SL 1986, ch 388, §4.
SD Codified L § 47-22-65.4 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.4 - Authorization of payment of expenses prior to final disposition of action--Receipt of undertaking--Terms and conditions.

47-22-65.4. Authorization of payment of expenses prior to final disposition of action--Receipt of undertaking--Terms and conditions.Any expense incurred by an officer or director in defending a civil or criminal action, suit or proceeding may be paid by the corporation in advance of the final disposition of such action, suit, or proceeding as authorized by the board of directors in the specific case upon receipt of an undertaking by or on behalf of such director or officer to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the corporation as authorized by §§47-22-65.1 to 47-22-65.8, inclusive. Such expenses incurred by other employees and agents may be so paid upon such terms and conditions, if any, as the board of directors deems appropriate. Source: SL 1986, ch 388, §5.
SD Codified L § 47-22-65.5 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.5 - Indemnification not exclusive of other rights--Continuation of benefits to former employees--Benefits to deceased employees.

47-22-65.5. Indemnification not exclusive of other rights--Continuation of benefits to former employees--Benefits to deceased employees.No indemnification provided by §§47-22-65.1 to 47-22-65.8, inclusive, is exclusive of any other rights to which those seeking indemnification may be entitled under any bylaw, agreement, vote of disinterested directors, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs and personal representatives of such a person. Source: SL 1986, ch 388, §6.
SD Codified L § 47-22-65.6 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.6 - Powers of corporation--Purchase and maintenance of liability insurance.

47-22-65.6. Powers of corporation--Purchase and maintenance of liability insurance.Any nonprofit corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, limited liability company, partnership, joint venture, trust, or other enterprise against any liability asserted against that person and incurred by that person in such capacity, or arising out of such status, whether or not the corporation would have the power to indemnify that person against such liability under the provisions of §§47-22-65.1 to 47-22-65.8, inclusive. Source: SL 1986, ch 388, §7; SL 1994, ch 351, §125.
SD Codified L § 47-22-65.7 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.7 - Corporation defined.

47-22-65.7. Corporation defined.For purposes of §§47-22-65.1 to 47-22-65.8, inclusive, references to "the corporation" includes, in addition to the resulting corporation, any constituent corporation, including any constituent of a constituent, which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees or agents, so that any person who is or was a director, officer, employee, or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee, or agent of another corporation, limited liability company, partnership, joint venture, trust, or other enterprise, shall stand in the same position under the provisions of §§47-22-65.1 to 47-22-65.8, inclusive, with respect to the resulting or surviving corporation as such person would have with respect to such constituent corporation if its separate existence had continued. Source: SL 1986, ch 388, §8; SL 1994, ch 351, §126.
SD Codified L § 47-22-65.8 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-65.8 - Definition of other terms.

47-22-65.8. Definition of other terms.For purposes of §§47-22-65.1 to 47-22-65.8, inclusive, references to "other enterprises" include employee benefit plans; references to "fines" include any excise taxes assessed on a person with respect to an employee benefit plan; and references to "serving at the request of the corporation" include any service as a director, officer, employee, or agent of the corporation which impose duties on, or involves services by, such director, officer, employee, or agent with respect to an employee benefit plan, its participants or beneficiaries. Any person who acted in good faith and in a manner he reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan is deemed to have acted in a manner "not opposed to the best interests of the corporation" as referred to in §§47-22-65.1 to 47-22-65.8, inclusive. Source: SL 1986, ch 388, §9.
SD Codified L § 47-22-66 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-66 - Powers of corporation--Pension plans.

47-22-66. Powers of corporation--Pension plans.Each corporation shall have power to pay pensions and establish pension plans or pension trusts for any or all of its directors, officers, and employees. Source: SL 1965, ch 24, §5 (15).
SD Codified L § 47-22-67 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-67 - Powers of corporation--Cessation of activities.

47-22-67. Powers of corporation--Cessation of activities.Each corporation shall have power to cease its corporate activities and surrender its corporate franchise. Source: SL 1965, ch 24, §5 (16).
SD Codified L § 47-22-68 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68 - Powers of corporation--Other powers.

47-22-68. Powers of corporation--Other powers.Each corporation shall have power to have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. Source: SL 1965, ch 24, §5 (17).
SD Codified L § 47-22-68.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.1 - Restrictions on private foundations--Definition of terms.

47-22-68.1. Restrictions on private foundations--Definition of terms.Terms as used in §§47-22-68.1 to 47-22-68.9, inclusive, shall have the following meaning:(1)"Excess business holdings," as defined in section 4943(c) of the Internal Revenue Code;(2)"Internal Revenue Code," the United States Internal Revenue Code of 1954, as amended;(3)"Private foundation," as defined in section 509(a) of the Internal Revenue Code;(4)"Self-dealing," as defined in section 4941(d) of the Internal Revenue Code;(5)"Taxable expenditure," as defined in section 4945(d) of the Internal Revenue Code. Source: SL 1972, ch 244, §1.
SD Codified L § 47-22-68.2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.2 - Restrictive provisions as to income and property deemed incorporated in foundation charter.

47-22-68.2. Restrictive provisions as to income and property deemed incorporated in foundation charter.Any instrument creating a corporation which is a private foundation and any instrument governing the use, retention, or disposition by such corporation of any of its income or property shall be deemed to have incorporated within such instrument with the same effect as though such language were set forth verbatim in such instrument the provisions set forth in §§47-22-68.3 to 47-22-68.7, inclusive, and except as the contrary is provided in §§47-22-68.8 and 47-22-68.9, such provisions shall govern the corporation as to the use, retention, and disposition of its income and property irrespective of any provisions of any such instrument, statute, or other law of this state to the contrary. Source: SL 1972, ch 244, §2.
SD Codified L § 47-22-68.3 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.3 - Self-dealing by foundation prohibited.

47-22-68.3. Self-dealing by foundation prohibited.The corporation described in §47-22-68.2 shall not engage in any act of self-dealing which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code. Source: SL 1972, ch 244, §2 (2).
SD Codified L § 47-22-68.4 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.4 - Distributions required of foundation.

47-22-68.4. Distributions required of foundation.The corporation described in §47-22-68.2 shall distribute for each of its taxable years amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code. Source: SL 1972, ch 244, §2 (1).
SD Codified L § 47-22-68.5 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.5 - Excess business holdings prohibited to foundation.

47-22-68.5. Excess business holdings prohibited to foundation.The corporation described in §47-22-68.2 shall not retain any excess business holdings which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code. Source: SL 1972, ch 244, §2 (3).
SD Codified L § 47-22-68.6 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.6 - Investments which jeopardize charitable purpose prohibited to foundation.

47-22-68.6. Investments which jeopardize charitable purpose prohibited to foundation.The corporation described in §47-22-68.2 shall not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of section 4944 of the Internal Revenue Code so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code. Source: SL 1972, ch 244, §2 (4).
SD Codified L § 47-22-68.7 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.7 - Taxable expenditures prohibited to foundation.

47-22-68.7. Taxable expenditures prohibited to foundation.The corporation described in §47-22-68.2 shall not make any taxable expenditure which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code. Source: SL 1972, ch 244, §2 (5).
SD Codified L § 47-22-68.8 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.8 - Judicial determination that required restrictions would be contrary to charter.

47-22-68.8. Judicial determination that required restrictions would be contrary to charter.Sections 47-22-68.2 to 47-22-68.7, inclusive, shall not apply to any corporation to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of any instrument described in §47-22-68.2 and that such instrument may not properly be changed to conform to §§47-22-68.2 to 47-22-68.7, inclusive. Source: SL 1972, ch 244, §3.
SD Codified L § 47-22-68.9 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-68.9 - State powers over corporation unimpaired.

47-22-68.9. State powers over corporation unimpaired.Nothing in §§47-22-68.1 to 47-22-68.8, inclusive, shall impair the rights and powers of the attorney general or the courts of this state with respect to any corporation. Source: SL 1972, ch 244, §4.
SD Codified L § 47-22-69 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-69 - Ultra vires unavailable to invalidate transfers of property.

47-22-69. Ultra vires unavailable to invalidate transfers of property.No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do such act or to make or receive such conveyance or transfer. Source: SL 1965, ch 24, §6.
SD Codified L § 47-22-70 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-70 - Circumstances under which ultra vires may be asserted--Actions by members or directors--Injunctions.

47-22-70. Circumstances under which ultra vires may be asserted--Actions by members or directors--Injunctions.Notwithstanding §47-22-69, the fact that a corporation is without capacity or power to do an act or to make or receive a conveyance or transfer of real or personal property may be asserted in a proceeding by a member or a director against the corporation to enjoin the doing or continuation of unauthorized acts, or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of such contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of such contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained. Source: SL 1965, ch 24, §6 (1).
SD Codified L § 47-22-71 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-71 - Circumstances under which ultra vires may be asserted--Actions by corporation against officers or directors.

47-22-71. Circumstances under which ultra vires may be asserted--Actions by corporation against officers or directors.Notwithstanding §47-22-69, the fact that a corporation was without capacity or power to do an act or to make or receive a conveyance or transfer of real or personal property may be asserted in a proceeding by the corporation, whether acting directly or through a receiver, trustee, or other legal representative, or through members in a representative suit, against the officers or directors of the corporation for exceeding their authority. Source: SL 1965, ch 24, §6 (2).
SD Codified L § 47-22-72 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-72 - Circumstances under which ultra vires may be asserted--Actions by attorney general to dissolve or enjoin corporation.

47-22-72. Circumstances under which ultra vires may be asserted--Actions by attorney general to dissolve or enjoin corporation.Notwithstanding §47-22-69, the fact that a corporation is without capacity or power to do an act or to make or receive a conveyance or transfer of real or personal property may be asserted in a proceeding by the attorney general, as provided in chapter 47-26, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the attorney general. Source: SL 1965, ch 24, §6 (3).
SD Codified L § 47-22-73 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-73 - Unauthorized acting as corporation--Liability.

47-22-73. Unauthorized acting as corporation--Liability.All persons who assume to act as a corporation without authority so to do shall be jointly and severally liable for all debts and liabilities incurred or arising as a result thereof. Source: SL 1965, ch 24, §98.
SD Codified L § 47-22-74 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-74 - Legislative power to prescribe additional regulations.

47-22-74. Legislative power to prescribe additional regulations.The Legislature shall at all times have power to prescribe such regulations, provisions, and limitations as it may deem advisable, which regulations, provisions, and limitations shall be binding upon any and all corporations subject to the provisions of chapters 47-22 to 47-28, inclusive, and the Legislature shall have power to amend, repeal, or modify said chapters at pleasure. Source: SL 1965, ch 24, §100.
SD Codified L § 47-22-74.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-74.1 - Privacy protection policy for social security numbers of volunteers.

47-22-74.1. Privacy protection policy for social security numbers of volunteers.Before a nonprofit corporation in the regular course of business or in the provision of services requests that a volunteer provide the volunteer's social security number, the corporation shall adopt a privacy protection policy that sets forth the manner in which the corporation intends to secure and protect any social security numbers in its possession or in the possession of a third party with whom the corporation shares or will share the numbers. The policy must specify measures that limit access to social security numbers and processes and procedures that mitigate against the improper disclosure of social security numbers. The corporation shall:(1)Provide the policy to any volunteer who has been requested to provide the volunteer's social security number to the nonprofit corporation; and(2)Make the policy available in printed form, upon request. Source: SL 2019, ch 197, §1.
SD Codified L § 47-22-75 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-75 - Prior incorporations validated--Previously pending actions.

47-22-75. Prior incorporations validated--Previously pending actions.All articles of incorporation, including amendments, of any association, society, or corporation established for charitable purposes filed in the Office of the Secretary of State of this state prior to July 1, 1957 which did not set forth the amount of property of any kind such association, society, or corporation might hold or the disposition to be made of its property in case of its dissolution and all acts done in reliance thereon are hereby in all things legalized, cured, and validated and are hereby declared to be in all respects of like force and effect as though such articles had set forth such matters.No action or proceeding filed and pending on July 1, 1957 shall be barred or the rights of any party thereto in any manner affected by the enactment of this section. Source: SL 1957, ch 506, §§1, 2; SDC Supp 1960, §65.0338.
SD Codified L § 47-22-76 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-76 - Rights vested under prior statutes unaffected.

47-22-76. Rights vested under prior statutes unaffected.No rights, privileges, and immunities vested or accrued by and under prior statutes repealed by chapter 24 of the Session Laws of 1965, no suit pending, no rights of action conferred, and no duties, restrictions, liabilities, and penalties imposed or required by and under such statutes shall be impaired, diminished, or affected thereby. Source: SL 1965, ch 24, §101.
SD Codified L § 47-22-77 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-77 - Severability and saving clause.

47-22-77. Severability and saving clause.If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of chapters 47-22 to 47-28, inclusive, such judgment or decree shall not affect, impair, invalidate, or nullify the remainder of said chapters, but the effect thereof shall be confined to the clause, sentence, paragraph, section, or part of said chapters so adjudged to be invalid or unconstitutional. Source: SL 1965, ch 24, §102.
SD Codified L § 47-22-78 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 22 - Nonprofit Corporations Formation And General Powers|Section 47-22-78 - Citation of nonprofit corporation law.

47-22-78. Citation of nonprofit corporation law.Chapters 47-22 to 47-28, inclusive, shall be known and may be cited as the "South Dakota Nonprofit Corporation Act." Source: SL 1965, ch 24, §1.