reglab/housing_qa huggingface dataset:
SD Codified L § 47-14A-62 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-62 - Reservation of name--Application--Duration--Transfer--Cancellation.

47-14A-62. Reservation of name--Application--Duration--Transfer--Cancellation.The reservation of a specified name shall be made by filing with the secretary of state an application, executed by the applicant, together with a duplicate copy, which may either be a signed or conformed copy, specifying the name to be reserved and the name and address of the applicant. If the secretary of state finds that the name is available for use by a business trust, the secretary shall reserve the name for the exclusive use of the applicant for a period of one hundred twenty days. Once having so reserved a name, the same applicant may again reserve the same name for successive one hundred twenty-day periods. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the Office of the Secretary of State a notice of the transfer, executed by the applicant for whom the name was reserved, together with a duplicate copy, which may be either a signed or conformed copy, specifying the name to be transferred and the name and address of the transferee. The reservation of a specified name may be cancelled by filing with the secretary of state a notice of cancellation, executed by the applicant or transferee, together with a duplicate copy, which may be either a signed or conformed copy, specifying the name reservation to be cancelled and the name and address of the applicant or transferee. Any duplicate copy filed with the secretary of state, as required by this section, shall be returned by the secretary of state to the person who filed it or that person's representative with a notation thereon of the action taken with respect to the original copy thereof by the secretary of state. Source: SL 2001, ch 245, §62.
SD Codified L § 47-14A-63 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-63 - Fees for reservation--When paid.

47-14A-63. Fees for reservation--When paid.Any fee set forth in §47-14A-57 shall be paid at the time of the initial reservation of any name, at the time of the renewal of any such reservation and at the time of the filing of a notice of the transfer or cancellation of any such reservation. Source: SL 2001, ch 245, §63.
SD Codified L § 47-14A-64 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-64 - Merger or consolidation of business trusts.

47-14A-64. Merger or consolidation of business trusts.Pursuant to an agreement of merger or consolidation, a business trust may merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the state or any other state or the United States or any foreign country or other foreign jurisdiction, with such business trust or other business entity as the agreement shall provide being the surviving or resulting business trust or other business entity. Unless otherwise provided in the governing instrument of a business trust, a merger or consolidation shall be approved by each business trust which is to merge or consolidate by all of the trustees and the beneficial owners of such business trust. In connection with a merger or consolidation hereunder, rights or securities of, or interests in, a business trust or other business entity which is a constituent party to the merger or consolidation may be exchanged for or converted into cash, property, rights, or securities of, or interests in, the surviving or resulting business trust or other business entity or, in addition to or in lieu thereof, may be exchanged for or converted into cash, property, rights, or securities of, or interests in, a business trust or other business entity which is not the surviving or resulting business trust or other business entity in the merger or consolidation. Notwithstanding prior approval, an agreement of merger or consolidation may be terminated or amended pursuant to a provision for such termination or amendment contained in the agreement of merger or consolidation. Source: SL 2001, ch 245, §64.
SD Codified L § 47-14A-66 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-66 - Validity of certain mergers not affected by failure to file certificate.

47-14A-66. Validity of certain mergers not affected by failure to file certificate.Any failure to file a certificate of merger or consolidation in connection with a merger or consolidation which was effective prior to July 1, 2001, does not affect the validity or effectiveness of any such merger or consolidation. Source: SL 2001, ch 245, §66.
SD Codified L § 47-14A-67 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-67 - Effective date of merger or consolidation.

47-14A-67. Effective date of merger or consolidation.Unless a future effective date or time is provided in a certificate of merger or consolidation, in which event a merger or consolidation shall be effective at any such future effective date or time, a merger or consolidation shall be effective upon the filing in the Office of the Secretary of State of a certificate of merger or consolidation. Source: SL 2001, ch 245, §67.
SD Codified L § 47-14A-68 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-68 - Certificate of merger or consolidation as certificate of cancellation.

47-14A-68. Certificate of merger or consolidation as certificate of cancellation.A certificate of merger or consolidation shall act as a certificate of cancellation for a business trust which is not the surviving or resulting entity in the merger or consolidation. Source: SL 2001, ch 245, §68.
SD Codified L § 47-14A-69 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-69 - Amendment to or adoption of governing instrument upon merger--Effective date.

47-14A-69. Amendment to or adoption of governing instrument upon merger--Effective date.Notwithstanding anything to the contrary contained in the governing instrument of a business trust, a governing instrument of a business trust containing a specific reference to this chapter may provide that an agreement of merger or consolidation approved in accordance with §47-14A-64 may:(1)Effect any amendment to the governing instrument of the business trust; or(2)Effect the adoption of a new governing instrument of the business trust if it is the surviving or resulting business trust in the merger or consolidation.Any amendment to the governing instrument of a business trust or adoption of a new governing instrument of the business trust made pursuant to the foregoing sentence shall be effective at the effective time or date of the merger or consolidation. The provisions of this section may not be construed to limit the accomplishment of a merger or consolidation or of any of the matters referred to herein by any other means provided for in the governing instrument of a business trust or other agreement or as otherwise permitted by law, including that the governing instrument of any constituent business trust to the merger or consolidation (including a business trust formed for the purpose of consummating a merger or consolidation) shall be the governing instrument of the surviving or resulting business trust. Source: SL 2001, ch 245, §69.
SD Codified L § 47-14A-70 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-70 - Rights, property, and obligations of merging entities vest in resulting entity.

47-14A-70. Rights, property, and obligations of merging entities vest in resulting entity.When any merger or consolidation has become effective under this chapter, for all purposes of the laws of the state, all of the rights, privileges, and powers of each of the business trusts and other business entities that have merged or consolidated, and all property, real, personal, and mixed, and all debts due to any of such business trusts and other business entities, as well as all other things and causes of action belonging to each of such business trusts and other business entities, shall be vested in the surviving or resulting business trust or other business entity, and shall thereafter be the property of the surviving or resulting business trust or other business entity as they were of each of the business trusts and other business entities that have merged or consolidated. The title to any real property vested by deed or otherwise, under the laws of the state, in any of such business trusts and other business entities, 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 any of such business trusts and other business entities shall be preserved unimpaired, and all debts, liabilities and duties of each of the such business trusts and other business entities that have merged or consolidated shall thenceforth attach to the surviving or resulting business trust or other business entity, and may be enforced against it to the same extent as if the debts, liabilities, and duties had been incurred or contracted by it. Source: SL 2001, ch 245, §70.
SD Codified L § 47-14A-71 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-71 - Provision for contractual appraisal rights.

47-14A-71. Provision for contractual appraisal rights.A governing instrument or an agreement of merger or consolidation may provide that contractual appraisal rights with respect to a beneficial interest or another interest in a business trust shall be available for any class or group of beneficial owners or beneficial interests in connection with any amendment of a governing instrument, any merger or consolidation in which the business trust is a constituent party to the merger or consolidation or the sale of all or substantially all of the business trust's assets. Source: SL 2001, ch 245, §71.
SD Codified L § 47-14A-72 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-72 - Authority of beneficial owner to bring derivative action.

47-14A-72. Authority of beneficial owner to bring derivative action.A beneficial owner may bring an action in the circuit court in the right of a business trust to recover a judgment in its favor if trustees with authority to do so have refused to bring the action or if an effort to cause those trustees to bring the action is not likely to succeed. Source: SL 2001, ch 245, §72.
SD Codified L § 47-14A-73 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-73 - Qualifications of plaintiff in derivative action.

47-14A-73. Qualifications of plaintiff in derivative action.In a derivative action, the plaintiff must be a beneficial owner at the time of bringing the action and:(1)At the time of the transaction of which the plaintiff complains; or(2)Plaintiff's status as a beneficial owner had devolved upon plaintiff by operation of law or pursuant to the terms of the governing instrument of the business trust from a person who was a beneficial owner at the time of the transaction. Source: SL 2001, ch 245, §73.
SD Codified L § 47-14A-74 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-74 - Complaint to specify efforts to secure action by trustees.

47-14A-74. Complaint to specify efforts to secure action by trustees.In a derivative action, the complaint shall set forth with particularity the effort, if any, of the plaintiff to secure initiation of the action by the trustees, or the reasons for not making the effort. Source: SL 2001, ch 245, §74.
SD Codified L § 47-14A-75 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-75 - Costs and attorney's fees of successful derivative action.

47-14A-75. Costs and attorney's fees of successful derivative action.If a derivative action is successful, in whole or in part, or if anything is received by a business trust as a result of a judgment, compromise, or settlement of any such action, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees. If anything is so received by the plaintiff, the court shall make such award of plaintiff's expenses payable out of those proceeds and direct plaintiff to remit to the business trust the remainder thereof, and if those proceeds are insufficient to reimburse plaintiff's reasonable expenses, the court may direct that any such award of plaintiff's expenses or a portion thereof be paid by the business trust. Source: SL 2001, ch 245, §75.
SD Codified L § 47-14A-76 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-76 - Beneficial owner's right to bring derivative action determined by governing instrument.

47-14A-76. Beneficial owner's right to bring derivative action determined by governing instrument.A beneficial owner's right to bring a derivative action may be subject to such additional standards and restrictions, if any, as are set forth in the governing instrument of the business trust, including, without limitation, the requirement that beneficial owners owning a specified beneficial interest in the business trust join in the bringing of the derivative action. Source: SL 2001, ch 245, §76.
SD Codified L § 47-14A-77 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-77 - Indemnification of trustee or beneficial owner.

47-14A-77. Indemnification of trustee or beneficial owner.Subject to such standards and restrictions, if any, as are set forth in the governing instrument of a business trust, a business trust may indemnify and hold harmless any trustee or beneficial owner or other person from and against any and all claims and demands whatsoever. Source: SL 2001, ch 245, §77.
SD Codified L § 47-14A-78 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-78 - Absence of indemnity provision in governing instrument not conclusive.

47-14A-78. Absence of indemnity provision in governing instrument not conclusive.The absence of a provision for indemnity in the governing instrument of a business trust may not be construed to deprive any trustee or beneficial owner or other person of any right to indemnity which is otherwise available to such person under the laws of this state. Source: SL 2001, ch 245, §78.
SD Codified L § 47-14A-79 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-79 - Power of business trust to acquire interest held by beneficial owner.

47-14A-79. Power of business trust to acquire interest held by beneficial owner.Except to the extent otherwise provided in the governing instrument of a business trust, a business trust may acquire, by purchase, redemption, or otherwise, any beneficial interest in the business trust held by a beneficial owner of the business trust. Except to the extent otherwise provided in the governing instrument of a business trust, any such interest so acquired by a business trust shall be deemed canceled. Source: SL 2001, ch 245, §79.
SD Codified L § 47-14A-80 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-80 - Beneficial owners entitled to obtain certain information.

47-14A-80. Beneficial owners entitled to obtain certain information.Except to the extent otherwise provided in the governing instrument of a business trust, each beneficial owner of a business trust has the right, subject to such reasonable standards (including standards governing what information and documents are to be furnished at what time and location and at whose expense) as may be established by the trustees, to obtain from the business trust from time to time upon reasonable demand for any purpose reasonably related to the beneficial owner's interest as a beneficial owner of the business trust:(1)A copy of the governing instrument and certificate of trust and all amendments thereto, together with copies of any written powers of attorney pursuant to which the governing instrument and any certificate and any amendments thereto have been executed;(2)A current list of the name and last known business, residence, or mailing address of each beneficial owner and trustee;(3)Information regarding the business and financial condition of the business trust; and(4)Other information regarding the affairs of the business trust as is just and reasonable. Source: SL 2001, ch 245, §80.
SD Codified L § 47-14A-81 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-81 - Trustees entitled to examine certain information.

47-14A-81. Trustees entitled to examine certain information.Except to the extent otherwise provided in the governing instrument of a business trust, each trustee may examine all the information described in §47-14A-80 for any purpose reasonably related to the trustee's position as a trustee. Source: SL 2001, ch 245, §81.
SD Codified L § 47-14A-82 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-82 - Trustees authorized to keep certain information confidential.

47-14A-82. Trustees authorized to keep certain information confidential.Except to the extent otherwise provided in the governing instrument of a business trust, the trustees of a business trust may keep confidential from the beneficial owners, for such period of time as the trustees deem reasonable, any information that the trustees reasonably believe to be in the nature of trade secrets or other information, the disclosure of which the trustees in good faith believe is not in the best interest of the business trust or could damage the business trust or its business or which the business trust is required by law or by agreement with a third party to keep confidential. Source: SL 2001, ch 245, §82.
SD Codified L § 47-14A-83 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-83 - Records maintained in other than written form--Demand for information to be in writing.

47-14A-83. Records maintained in other than written form--Demand for information to be in writing.A business trust may maintain its records in other than a written form if such form is capable of conversion into a written form within a reasonable time.Any demand by a beneficial owner or trustee under §47-14A-80 shall be in writing and shall state the purpose of such demand. Source: SL 2001, ch 245, §83.
SD Codified L § 47-14A-84 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-84 - Conversion of existing business entity to business trust--Filing requirements.

47-14A-84. Conversion of existing business entity to business trust--Filing requirements.Any other business entity formed or organized or existing under the laws of the State of South Dakota or any other state or the United States or any foreign country or other foreign jurisdiction may convert to a business trust by complying with §47-14A-89 and filing in the Office of the Secretary of State in accordance with this chapter:(1)A certificate of conversion to business trust that has been executed by the trustees in accordance with this chapter; and(2)A certificate of trust that complies with this chapter and has been executed by the trustees in accordance with this chapter. Source: SL 2001, ch 245, §84.
SD Codified L § 47-14A-85 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-85 - Certificate of conversion--Contents.

47-14A-85. Certificate of conversion--Contents.The certificate of conversion to business trust shall state:(1)The date on which and jurisdiction where the other business entity was first formed or organized or otherwise came into being and, if it has changed, its jurisdiction immediately prior to its conversion to a business trust;(2)The name of the other business entity immediately prior to the filing of the certificate of conversion to business trust;(3)The name of the business trust as set forth in its certificate of trust filed in accordance with §47-14A-84; and(4)The future effective date or time (which shall be a date or time certain) of the conversion to a business trust if it is not to be effective upon the filing of the certificate of conversion to business trust and the certificate of trust. Source: SL 2001, ch 245, §85.
SD Codified L § 47-14A-86 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-86 - Effective of date of conversion to business trust--Effective date of commencement of business.

47-14A-86. Effective of date of conversion to business trust--Effective date of commencement of business.Upon the filing in the Office of the Secretary of State of the certificate of conversion to business trust and the certificate of trust or upon the future effective date or time of the certificate of conversion to business trust and the certificate of trust, the other business entity shall be converted into a business trust and the business trust shall thereafter be subject to all of the provisions of this chapter, except that notwithstanding §47-14A-43, the existence of the business trust shall be deemed to have commenced on the date the other business entity commenced its existence in the jurisdiction in which the other business entity was first formed or organized or otherwise came into being. Source: SL 2001, ch 245, §86.
SD Codified L § 47-14A-87 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14A - South Dakota Business Trust Act|Section 47-14A-87 - Conversion to business trust not to affect liabilities incurred prior to conversion.

47-14A-87. Conversion to business trust not to affect liabilities incurred prior to conversion.The conversion of any other business entity into a business trust may not be deemed to affect any obligations or liabilities of the other business entity incurred prior to its conversion to a business trust, or the personal liability of any person incurred prior to such conversion. Source: SL 2001, ch 245, §87.