reglab/housing_qa huggingface dataset:
SD Codified L § 47-1A-120.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-120.1 - Terms of plan or filed document dependent on extrinsic facts--Applicable provisions.

47-1A-120.1. Terms of plan or filed document dependent on extrinsic facts--Applicable provisions.If a provision of this chapter permits any of the terms of a plan or a filed document to be dependent on facts objectively ascertainable outside the plan or filed document, the following provisions apply:(1)The manner in which the facts will operate upon the terms of the plan or filed document shall be set forth in the plan or filed document;(2)The facts may include:(a)Any of the following that are available in a nationally recognized news or information medium either in print or electronically: statistical or market indices, market prices of any security or group of securities, interest rates, currency exchange rates, or similar economic or financial data;(b)A determination or action by any person, including the corporation or any other party to a plan or filed document; or(c)The terms of, or actions taken under, an agreement to which the corporation is a party, or any other agreement or document.For the purposes of this section, a filed document is a document filed with the Office of the Secretary of State under any provision of this chapter except §§47-1A-1502 to 47-1A-1601, inclusive, or §§47-1A-1621.1 to 47-1A-1701, inclusive, and a plan is a plan of domestication, nonprofit conversion, entity conversion, merger, or share exchange. Source: SL 2005, ch 239, §3.
SD Codified L § 47-1A-120.2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-120.2 - Provision of filed document dependent on extrinsic fact but fact not ascertainable by reference or shareholders not noticed of fact--Article of amendment.

47-1A-120.2. Provision of filed document dependent on extrinsic fact but fact not ascertainable by reference or shareholders not noticed of fact--Article of amendment.If a provision of a filed document is made dependent on a fact ascertainable outside of the filed document, and that fact is not ascertainable by reference to a source described in subsection 47-1A-120.1(2)(a) or a document that is a matter of public record, or the affected shareholders have not received notice of the fact from the corporation, the corporation shall file with the Office of the Secretary of State articles of amendment setting forth the fact promptly after the time when the fact referred to is first ascertainable or thereafter changes. Articles of amendment under this section are deemed to be authorized by the authorization of the original filed document or plan to which they relate and may be filed by the corporation without further action by the board of directors or the shareholders. Source: SL 2005, ch 239, §4.
SD Codified L § 47-1A-120.3 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-120.3 - Dependency on extrinsic facts prohibited for specified provisions of plan or filed document.

47-1A-120.3. Dependency on extrinsic facts prohibited for specified provisions of plan or filed document.The following provisions of a plan or filed document may not be made dependent on facts outside the plan or filed document:(1)The name and address of any person required in a filed document;(2)The registered office of any entity required in a filed document;(3)The registered agent of any entity required in a filed document;(4)The number of authorized shares and designation of each class or series of shares;(5)The effective date of a filed document;(6)Any required statement in a filed document of the date on which the underlying transaction was approved or the manner in which that approval was given. Source: SL 2005, ch 239, §5.
SD Codified L § 47-1A-121 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-121 - Forms.

47-1A-121. Forms.The Office of the Secretary of State may prescribe and furnish, on request, forms for:(1)An application for a certificate of existence;(2)A foreign corporation's application for a certificate of authority to transact business in this state;(3)A foreign corporation's application for a certificate of withdrawal; and(4)The annual report.The Office of the Secretary of State may require the use of the forms described in subdivisions (1) to (4), inclusive. The Office of the Secretary of State may prescribe and furnish, on request, forms for other documents required or permitted to be filed by this chapter but the use of such forms is not mandatory. Source: SL 2005, ch 239, §6.
SD Codified L § 47-1A-122 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-122 - Fees for filing and service.

47-1A-122. Fees for filing and service.The Office of the Secretary of State shall collect the following fees when the documents described in this section are delivered for filing:(1)Articles of incorporation, $150;(2)Application for use of indistinguishable name, $25;(3)Application for reserved name, $25;(4)Notice of transfer of reserved name, $15;(5)Application for registered name, $25;(6)Application for renewal of registered name, $15. A renewal application may be filed between the first day of October and the thirty-first day of December in each year and shall extend the registration for the following year;(7) to (9)Repealed by SL 2008, ch 275, §27;(10)Articles of domestication, $150;(11)Articles of charter surrender, $150;(12)Articles of domestication and conversion, $150;(13)Articles of entity conversion, $150;(14)Amendment of articles of incorporation, $60;(15)Restatement of articles of incorporation, $60;(16)Articles of merger or share exchange, $60;(17)Articles of dissolution, $10;(18)Articles of revocation of dissolution, $10;(19)Certificate of administrative dissolution, no charge;(20)Application for reinstatement following administrative dissolution, plus any delinquent annual report filing fees for the period before the reinstatement application, $300;(21)Certificate of reinstatement, no charge;(22)Certificate of judicial dissolution, no charge;(23)Application for certificate of authority, $750;(24)Application for amended certificate of authority, $250;(25)Application for certificate of withdrawal, $10;(26)Application for transfer of authority, $25;(27)Certificate of revocation of authority to transact business, no charge;(28)Annual report, $50. Each entity that does not file or refuses to file its annual report within the time prescribed is subject to a penalty of fifty dollars to be assessed by the secretary of state;(29)Articles of correction, $25;(30)Application for certificate of existence or authorization, $20;(31)Amended annual report, $25;(32)Any other document required or permitted to be filed by this chapter, $20.The Office of the Secretary of State shall collect a fee of thirty dollars each time process is served on the Office of the Secretary of State under this chapter. The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding. Source: SL 2005, ch 239, §7; SL 2008, ch 275, §27; SL 2009, ch 4, §12; SL 2015, ch 258, §2, eff. Jan. 1, 2016; SL 2016, ch 2, §5.
SD Codified L § 47-1A-122.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-122.1 - Copying and certification fees.

47-1A-122.1. Copying and certification fees.The Office of the Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:(1)One dollar a page for copying;(2)Twenty dollars for copying microfiche archived documents for a single corporation; and(3)Ten dollars for the certificate. Source: SL 2005, ch 239, §8.
SD Codified L § 47-1A-123 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-123 - Effective time and date of document--Exceptions.

47-1A-123. Effective time and date of document--Exceptions.Except as provided in §§47-1A-123.1 and 47-1A-124.2, a document accepted for filing is effective:(1)At the date and time of filing, as evidenced by such means as the Office of the Secretary of State may use for the purpose of recording the date and time of filing; or(2)At the time specified in the document as its effective time on the date it is filed. Source: SL 2005, ch 239, §9.
SD Codified L § 47-1A-123.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-123.1 - Delayed effective time and date of document.

47-1A-123.1. Delayed effective time and date of document.A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date is indicated, but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed. Source: SL 2005, ch 239, §10.
SD Codified L § 47-1A-124 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-124 - Correction filed document--Circumstances when allowed.

47-1A-124. Correction filed document--Circumstances when allowed.A domestic or foreign corporation may correct a document filed by the Office of the Secretary of State if any of the following occur:(1)The document contains an inaccuracy;(2)The document was defectively executed, attested, sealed, verified, or acknowledged; or(3)The electronic transmission was defective. Source: SL 2005, ch 239, §11.
SD Codified L § 47-1A-124.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-124.1 - Correction of filed document--Procedure.

47-1A-124.1. Correction of filed document--Procedure.A document is corrected:(1)By preparing articles of correction that:(a)Describe the document, including its filing date, or attach a copy of it to the articles;(b)Specify the inaccuracy or defect to be corrected; and(c)Correct the inaccuracy or defect; and(2)By delivering the articles to the Office of the Secretary of State for filing. Source: SL 2005, ch 239, §12.
SD Codified L § 47-1A-124.2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-124.2 - Articles of correction--Effective date.

47-1A-124.2. Articles of correction--Effective date.Articles of correction are effective on the effective date of the document that they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. Source: SL 2005, ch 239, §13.
SD Codified L § 47-1A-125 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-125 - Filing duty of Office of Secretary of State.

47-1A-125. Filing duty of Office of Secretary of State.If a document delivered to the Office of the Secretary of State for filing satisfies the requirements of §§47-1A-120 to 47-1A-120.3, inclusive, the Office of the Secretary of State shall file it. The Office of the Secretary of State files a document by recording it as filed on the date and time of receipt. After filing a document, the Office of the Secretary of State shall deliver to the domestic or foreign corporation or its representative a receipt with an acknowledgment of the date and time of filing.If the Office of the Secretary of State refuses to file a document, the Office of the Secretary of State shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason for the refusal.The Office of the Secretary of State's duty to file documents under this section is ministerial. The Office of the Secretary of State's filing or refusing to file a document does not:(1)Affect the validity or invalidity of the document in whole or part;(2)Relate to the correctness or incorrectness of information contained in the document; or(3)Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. Source: SL 2005, ch 239, §14; SL 2008, ch 275, §28.
SD Codified L § 47-1A-126 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-126 - Appeal from Office of Secretary of State's refusal to file document.

47-1A-126. Appeal from Office of Secretary of State's refusal to file document.If the Office of the Secretary of State refuses to file a document delivered to the Office of the Secretary of State for filing, the domestic or foreign corporation may appeal the refusal within thirty days after the return of the document to the circuit court of the county where the corporation's principal office is located in this state or, if none in this state, to the circuit court of Hughes County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Office of the Secretary of State's explanation of the refusal to file.The court may summarily order the Office of the Secretary of State to file the document or take other action the court considers appropriate. The court's final decision may be appealed as in other civil proceedings. Source: SL 2005, ch 239, §15; SL 2008, ch 275, §29.
SD Codified L § 47-1A-127 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-127 - Evidentiary effect of copy of filed document.

47-1A-127. Evidentiary effect of copy of filed document.Any certificate from the Office of the Secretary of State delivered with a copy of a document filed by the Office of the Secretary of State, is conclusive evidence that the original document is on file with the Office of the Secretary of State. Source: SL 2005, ch 239, §16.
SD Codified L § 47-1A-128 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-128 - Certificate of existence.

47-1A-128. Certificate of existence.Any person may apply to the Office of the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. A certificate of existence or authorization shall set forth:(1)The domestic corporation's corporate name or the foreign corporation's corporate name used in this state;(2)That the domestic corporation is duly incorporated under the law of this state, the date of its incorporation, and the period of its duration if less than perpetual; or that the foreign corporation is authorized to transact business in this state;(3)That all fees, taxes, and penalties owed to this state have been paid, if:(a)Payment is reflected in the records of the Office of the Secretary of State; and(b)Nonpayment affects the existence or authorization of the domestic or foreign corporation;(4)That its most recent annual report required by §47-1A-1621.1 has been delivered to the Office of the Secretary of State;(5)That articles of dissolution have not been filed; and(6)Other facts of record in the Office of the Secretary of State that may be requested by the applicant.Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Office of the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this state. Source: SL 2005, ch 239, §17.
SD Codified L § 47-1A-129 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-129 - Penalty for signing false document.

47-1A-129. Penalty for signing false document.No person may sign a document, paper form or electronically, knowing it is false in any material respect with intent that the document be delivered to the Office of the Secretary of State for filing. An offense under this section is subject to a civil fine in any amount not exceeding five hundred dollars. Source: SL 2005, ch 239, §18; SL 2012, ch 222, §1.
SD Codified L § 47-1A-141 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-141 - Type of notice--Written or oral.

47-1A-141. Type of notice--Written or oral.Notice under this chapter shall be in writing unless oral notice is reasonable under the circumstances. Notice by electronic transmission is written notice. Source: SL 2005, ch 239, §20.
SD Codified L § 47-1A-141.1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-141.1 - Method of notice.

47-1A-141.1. Method of notice.Notice may be communicated in person; by mail or other method of delivery; or by telephone, voice mail, or other electronic means. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. Source: SL 2005, ch 239, §21.
SD Codified L § 47-1A-141.2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-141.2 - Effective date of written notice by domestic or foreign corporation to shareholder.

47-1A-141.2. Effective date of written notice by domestic or foreign corporation to shareholder.Written notice by a domestic or foreign corporation to its shareholder, if in a comprehensible form, is effective upon deposit in the United States mail, if mailed postpaid and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders; or when electronically transmitted to the shareholder in a manner authorized by the shareholder. Source: SL 2005, ch 239, §22.
SD Codified L § 47-1A-141.3 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-141.3 - Address of written notice.

47-1A-141.3. Address of written notice.Written notice to a domestic or foreign corporation authorized to transact business in this state may be addressed to its registered agent or to the corporation or its secretary at its principal office shown in its most recent annual report or, in the case of a foreign corporation that has not yet delivered an annual report, in its application for a certificate of authority. Source: SL 2005, ch 239, §23; SL 2008, ch 275, §30.
SD Codified L § 47-1A-141.4 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-141.4 - Effective date of written notice--Exception.

47-1A-141.4. Effective date of written notice--Exception.Except as provided in §47-1A-141.2, written notice, if in a comprehensible form, is effective at the earliest of the following:(1)When received;(2)Five days after its deposit in the United States mail, if mailed postpaid and correctly addressed;(3)On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.Oral notice is effective when communicated, if communicated in a comprehensible manner. Source: SL 2005, ch 239, §24.
SD Codified L § 47-1A-141.5 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-141.5 - Notice requirements governing particular circumstances.

47-1A-141.5. Notice requirements governing particular circumstances.If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with §§47-1A-141 to 47-1A-141.4, inclusive, or other provisions of this chapter, those requirements govern. Source: SL 2005, ch 239, §25.
SD Codified L § 47-1A-142 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-142 - Number of shareholders.

47-1A-142. Number of shareholders.For purposes of this chapter, the following identified as a shareholder in a corporation's current record of shareholders constitutes one shareholder:(1)Three or fewer co-owners;(2)A corporation, partnership, trust, estate, or other entity;(3)The trustees, guardians, custodians, or other fiduciaries of a single trust, estate, or account.For purposes of this chapter, shareholdings registered in substantially similar names constitute one shareholder if it is reasonable to believe that the names represent the same person. Source: SL 2005, ch 239, §26.
SD Codified L § 47-1A-201 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-201 - Incorporators.

47-1A-201. Incorporators.One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Office of the Secretary of State for filing. Source: SL 2005, ch 239, §27.
SD Codified L § 47-1A-202 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 01A - South Dakota Business Corporation Act|Section 47-1A-202 - Articles of incorporation--Required provisions.

47-1A-202. Articles of incorporation--Required provisions.The articles of incorporation shall set forth:(1)A corporate name for the corporation that satisfies the requirements of §§47-1A-401 to 47-1A-401.3, inclusive;(2)The number of shares the corporation is authorized to issue;(3)The street address of its principal office;(4)The information required by §59-11-6; and(5)The name and address of each incorporator. Source: SL 2005, ch 239, §28; SL 2008, ch 275, §31.