reglab/housing_qa huggingface dataset:
SD Codified L § 47-14A-88 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-88 - Rights, property, and obligations of converting entities vest in resulting entity.

47-14A-88. Rights, property, and obligations of converting entities vest in resulting entity.When any conversion has become effective under this chapter, for all purposes of the laws of the State of South Dakota, all of the rights, privileges, and powers of the other business entity that has converted, and all property, real, personal, and mixed, and all debts due to such other business entity, as well as all other things and causes of action belonging to such other business entity, shall remain vested in the business trust to which such other business entity has converted and shall be the property of such business trust. The title to any real property vested by deed or otherwise in such other business entity may not revert or be in any way impaired by reason of this chapter; but all rights of creditors and all liens upon any property of such other business entity shall be preserved unimpaired, and all debts, liabilities, and duties of the other business entity that has converted shall remain attached to the business trust to which such other business entity has converted, and may be enforced against it to the same extent as if said debts, liabilities, and duties had been incurred or contracted by it in its capacity as a business trust. The rights, privileges, powers, and interests in property of the other business entity, as well as the debts, liabilities, and duties of the other business entity, may not be deemed as a consequence of the conversion, to have been transferred to the business trust to which such other business entity has converted for any purpose of the laws of the State of South Dakota. Source: SL 2001, ch 245, §88.
SD Codified L § 47-14A-89 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-89 - Conversion deemed continuation of business entity as business trust.

47-14A-89. Conversion deemed continuation of business entity as business trust.Unless otherwise agreed, or as required under applicable non-South Dakota law, the converting other business entity is not required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion may not be deemed to constitute a dissolution of such other business entity and shall constitute a continuation of the existence of the converting other business entity in the form of a business trust. When the other business entity has been converted to a business trust pursuant to this chapter, the business trust shall, for all purposes of the laws of the State of South Dakota, be deemed to be the same entity as the converting other business entity. Source: SL 2001, ch 245, §89.
SD Codified L § 47-14A-90 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-90 - Conversion to be approved under business entity's governing instrument.

47-14A-90. Conversion to be approved under business entity's governing instrument.Prior to filing a certificate of conversion to business trust with the Office of the Secretary of State, the conversion shall be approved in the manner provided for by the document, instrument, agreement, or other writing, as the case may be, governing the internal affairs of the other business entity and the conduct of its business or by applicable law, as appropriate, and a governing instrument shall be approved by the same authorization required to approve the conversion. Source: SL 2001, ch 245, §90.
SD Codified L § 47-14A-91 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-91 - Construction of chapter with other laws.

47-14A-91. Construction of chapter with other laws.The provisions of this chapter may not be construed to limit the accomplishment of a change in the law governing, or the domicile of, an other business entity to the State of South Dakota by any other means provided for in an agreement governing the internal affairs of the other business entity or as otherwise permitted by law, including by the amendment of an agreement governing the internal affairs of the other business entity. Source: SL 2001, ch 245, §91.
SD Codified L § 47-14A-92 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-92 - Disposition of rights and interests of business entity upon conversion.

47-14A-92. Disposition of rights and interests of business entity upon conversion.In connection with a conversion pursuant to this chapter, rights or securities of, or interests in, the other business entity which is to be converted to a business trust may be exchanged for or converted into cash, property, rights, or securities of, or interests in, such business trust or, in addition to or in lieu thereof, may be exchanged for or converted into cash, property, rights, or securities of, or interests in, another business trust or other business entity. Source: SL 2001, ch 245, §92.
SD Codified L § 47-14A-93 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-93 - Conversion of business trust to other business entity.

47-14A-93. Conversion of business trust to other business entity.A business trust may convert to an other business entity formed or organized under the laws of the State of South Dakota, upon the authorization of such conversion in accordance with this section. If the governing instrument specifies the manner of authorizing a conversion of the business trust, the conversion shall be authorized as specified in the governing instrument. If the governing instrument does not specify the manner of authorizing a conversion of the business trust and does not prohibit a conversion of the business trust, the conversion shall be authorized in the same manner as is specified in the governing instrument for authorizing a merger or consolidation that involves the business trust as a constituent party to the merger or consolidation. If the governing instrument does not specify the manner of authorizing a conversion of the business trust or a merger or consolidation that involves the business trust as a constituent party and does not prohibit a conversion of the business trust, the conversion shall be authorized by the approval by all of the beneficial owners and all of the trustees. When the conversion of a business trust has become effective, the business trust shall file a certificate of cancellation in the Office of the Secretary of State in accordance with this chapter. Unless otherwise agreed, the conversion of a business trust to an other business entity pursuant to this section shall not require such business trust to wind up its affairs under §§47-14A-35 to 47-14A-41, inclusive, or pay its liabilities and distribute its assets under §§47-14A-35 to 47-14A-41, inclusive. In connection with a conversion of a business trust to an other business entity pursuant to this section, rights or securities of, or interests in, the business trust which is to be converted may be exchanged for or converted into cash, property, rights, or securities of, or interests in the other business entity into which the business trust is being converted or, in addition to or in lieu thereof, may be exchanged for or converted into cash, property, rights, or securities of, or interests in, any other business entity. Source: SL 2001, ch 245, §93.
SD Codified L § 47-14A-94 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-94 - Provisions of law subject to change.

47-14A-94. Provisions of law subject to change.All provisions of this section may be altered from time to time or repealed and all rights of business trusts, trustees, beneficial owners, and other persons are subject to this reservation. Source: SL 2001, ch 245, §94.
SD Codified L § 47-14A-95 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-95 - Construction.

47-14A-95. Construction.The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this section.It is the policy of this section to give maximum effect to the principle of freedom of contract and to the enforceability of governing instruments. Source: SL 2001, ch 245, §95.
SD Codified L § 47-14A-96 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-96 - Citation of chapter.

47-14A-96. Citation of chapter.This chapter may be cited as the South Dakota Business Trust Act. Source: SL 2001, ch 245, §96.
SD Codified L § 47-14B-1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-1 - Laws governing organization of foreign business trust.

47-14B-1. Laws governing organization of foreign business trust.The laws of the state, territory, possession, or other jurisdiction or country under which a foreign business trust is organized govern its organization and internal affairs and the liability of its beneficial owners and trustees. A foreign business trust may not be denied registration by reason of any difference between those laws and the laws of the state. Source: SL 2001, ch 245, §97.
SD Codified L § 47-14B-2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-2 - Registration of foreign business trust.

47-14B-2. Registration of foreign business trust.Before doing business in the state, a foreign business trust shall register with the secretary of state. In order to register, a foreign business trust shall submit to the secretary of state:(1)A copy executed by a trustee or other authorized person of an application for registration as a foreign business trust, setting forth:(a)The name of the foreign business trust and, if different, the name under which it proposes to register and do business in the state;(b)The state, territory, possession, or other jurisdiction or country where formed, the date of its formation and a statement from a trustee or other authorized person that, as of the date of filing, the foreign business trust validly exists as a business trust under the laws of the jurisdiction of its formation;(c)The nature of the business or purposes to be conducted or promoted in the state;(d)The address of the registered office and the name and address of the registered agent for service of process required to be maintained by §§47-14B-5 to 47-14B-9, inclusive;(e)A statement that the secretary of state is appointed the agent of the trust for service of process under the circumstances set forth in §47-14B-17; and(f)The date on which the foreign business trust first did, or intends to do, business in the state.(2)A fee as set forth in §47-14B-22 shall be paid. Source: SL 2001, ch 245, §98.
SD Codified L § 47-14B-3 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-3 - Doing business in the state.

47-14B-3. Doing business in the state.No person may be deemed to be doing business in the state solely by reason of being a trustee or a beneficial owner of a foreign business trust. Source: SL 2001, ch 245, §99.
SD Codified L § 47-14B-4 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-4 - Certification and filing of application.

47-14B-4. Certification and filing of application.If the secretary of state finds that an application for registration conforms to law and all requisite fees have been paid, the secretary of state shall:(1)Certify that the application has been filed in the secretary of state's office by endorsing upon the original application the word, Filed, and the date and hour of the filing. This endorsement is conclusive of the date and time of its filing in the absence of actual fraud;(2)File and index the endorsed application.The secretary of state shall prepare and return to the person who filed the application or the person's representative a copy of the original signed application, similarly endorsed, and shall certify such copy as a true copy of the original signed application. Source: SL 2001, ch 245, §100.
SD Codified L § 47-14B-5 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-5 - Name of foreign business trust.

47-14B-5. Name of foreign business trust.A foreign business trust may register with the secretary of state under any name (whether or not it is the name under which it is registered in the jurisdiction of its formation) that could be registered by a domestic business trust. However, a foreign business trust may register under any name which is not such as to distinguish it upon the records in the Office of the Secretary of State from the name of any domestic or foreign corporation, business trust, limited liability company, or limited partnership reserved, registered, or organized under the laws of the state with the written consent of the other corporation, business trust, limited liability company, or limited partnership, which written consent shall be filed with the secretary of state. Source: SL 2001, ch 245, §101.
SD Codified L § 47-14B-6 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-6 - Office and agent of foreign business trust.

47-14B-6. Office and agent of foreign business trust.Each foreign business trust shall have and maintain in the state:(1)A registered office which may but need not be a place of its business in the state; and(2)A registered agent for service of process on the foreign business trust, which agent may be either an individual resident of the state whose business office is identical with the foreign business trust's registered office, or a domestic corporation, or a domestic limited partnership, or a business trust, or a domestic limited liability company, or a foreign corporation, or a foreign limited partnership, or a foreign business trust, or a foreign limited liability company authorized to do business in the state having a business office identical with such registered office, which is generally open during normal business hours to accept service of process and otherwise perform the functions of a registered agent. Source: SL 2001, ch 245, §102.
SD Codified L § 47-14B-7 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-7 - Change of address of registered office of foreign business trust.

47-14B-7. Change of address of registered office of foreign business trust.A registered agent may change the address of the registered office of the foreign business trust for which he or she is registered agent to another address in the state by paying a fee as set forth in §47-14B-22 and filing with the secretary of state a certificate, executed by such registered agent, setting forth the names of all the foreign business trusts represented by such registered agent, and the address at which such registered agent has maintained the registered office for each of such foreign business trusts, and further certifying to the new address to which each such registered office will be changed on a given day, and at which new address such registered agent will thereafter maintain the registered office for each of the foreign business trusts recited in the certificate. Upon the filing of such certificate, the secretary of state shall furnish to the registered agent a certified copy of the same under the secretary of state's hand and seal of office, and thereafter, or until further change of address, as authorized by law, the registered office in the state of each of the foreign business trusts recited in the certificate shall be located at the new address of the registered agent thereof as given in the certificate. In the event of a change of name of any person acting as a registered agent of a foreign business trust, such registered agent shall file with the secretary of state a certificate, executed by such registered agent, setting forth the new name of such registered agent, the name of such registered agent before it was changed, the names of all the foreign business trusts represented by such registered agent, and the address at which such registered agent has maintained the registered office for each of such foreign business trusts, and shall pay a fee as set forth in §47-14B-22. Upon the filing of such certificate, the secretary of state shall furnish to the registered agent a certified copy of the same under the secretary of state's hand and seal of office. Filing a certificate under this section shall be deemed to be an amendment of the application of each foreign business trust affected thereby and each foreign business trust need not take any further action with respect thereto, to amend its application under §47-14B-10. Any registered agent filing a certificate under this section shall promptly, upon such filing, deliver a copy of any such certificate to each foreign business trust affected thereby. Source: SL 2001, ch 245, §103.
SD Codified L § 47-14B-8 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-8 - Resignation of foreign business trust registered agent--Successor--Appointment.

47-14B-8. Resignation of foreign business trust registered agent--Successor--Appointment.The registered agent of one or more foreign business trusts may resign and appoint a successor registered agent by paying a fee as set forth in §47-14B-22 and filing a certificate with the secretary of state, stating that it resigns and the name and address of the successor registered agent. There shall be attached to such certificate a statement executed by each affected foreign business trust ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such foreign business trust as has ratified and approved such substitution and the successor registered agent's address, as stated in such certificate, shall become the address of each such foreign business trust's registered office in the state. The secretary of state shall furnish to the successor registered agent a certified copy of the certificate of resignation. Filing of such certificate of resignation shall be deemed to be an amendment of the application of each foreign business trust affected thereby and each such foreign business trust need not take any further action with respect thereto, to amend its application under §47-14B-10. Source: SL 2001, ch 245, §104.
SD Codified L § 47-14B-9 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-9 - Resignation of foreign business trust registered agent--No successor appointed.

47-14B-9. Resignation of foreign business trust registered agent--No successor appointed.The registered agent of a foreign business trust may resign without appointing a successor registered agent by paying a fee as set forth in §47-14B-22 and filing a certificate with the secretary of state stating that it resigns as registered agent for the foreign business trust identified in the certificate, but such resignation shall not become effective until one hundred twenty days after the certificate is filed. There shall be attached to such certificate an affidavit of such registered agent, if an individual, or of the president, a vice president or the secretary thereof if a corporation, that at least thirty days prior to and on or about the date of the filing of the certificate, notices were sent by certified or registered mail to the foreign business trusts for which such registered agent is resigning as registered agent, at the principal office thereof within or outside the state, if known to such registered agent or, if not, to the last known address of the attorney or other individual at whose request such registered agent was appointed for such foreign business trust, of the resignation of such registered agent. After receipt of the notice of the resignation of its registered agent, the foreign business trust for which such registered agent was acting shall obtain and designate a new registered agent, to take the place of the registered agent so resigning. If such foreign business trust fails to obtain and designate a new registered agent as aforesaid prior to the expiration of the period of one hundred twenty days after the filing by the registered agent of the certificate of resignation, such foreign business trust may not be permitted to do business in the state and its registration shall be deemed to be canceled. After the resignation of the registered agent has become effective as provided in this section and if no new registered agent has been obtained and designated in the time and manner aforesaid, service of legal process against the foreign business trust for which the resigned registered agent had been acting shall thereafter be upon the secretary of state in accordance with §47-14B-19. Source: SL 2001, ch 245, §105.
SD Codified L § 47-14B-10 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-10 - Correction of false application of foreign business trust.

47-14B-10. Correction of false application of foreign business trust.If any statement in the application for registration of a foreign business trust was false when made or any arrangements or other facts described have changed, making the application false in any respect, the foreign business trust shall promptly file in the Office of the Secretary of State a certificate, executed by a trustee or other authorized person, correcting such statement, together with a fee as set forth in §47-14B-22. Source: SL 2001, ch 245, §106.
SD Codified L § 47-14B-11 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-11 - Canceling a foreign business trust.

47-14B-11. Canceling a foreign business trust.A foreign business trust may cancel its registration by filing with the secretary of state a certificate of cancellation, executed by a trustee or other authorized person, together with a fee as set forth in §47-14B-22. A cancellation does not terminate the authority of the secretary of state to accept service of process on the foreign business trust with respect to causes of action arising out of the doing of business in the state. Source: SL 2001, ch 245, §107.
SD Codified L § 47-14B-12 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-12 - Action, suit, or proceeding by foreign business trust.

47-14B-12. Action, suit, or proceeding by foreign business trust.A foreign business trust doing business in the state may not maintain any action, suit, or proceeding in the state until it has registered in the state, and has paid to the state all fees and penalties for the years or parts thereof, during which it did business in the state without having registered. Source: SL 2001, ch 245, §108.