reglab/housing_qa huggingface dataset:
SD Codified L § 47-14B-13 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-13 - Failure of foreign business trust to register.

47-14B-13. Failure of foreign business trust to register.The failure of a foreign business trust to register in the state does not:(1)Impair the validity of any contract or act of the foreign business trust;(2)Impair the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or(3)Prevent the foreign business trust from defending any action, suit, or proceeding in any court of the state. Source: SL 2001, ch 245, §109.
SD Codified L § 47-14B-14 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-14 - Liability of beneficial owner or trustee of foreign business trust.

47-14B-14. Liability of beneficial owner or trustee of foreign business trust.A beneficial owner or a trustee of a foreign business trust is not liable for the obligations of the foreign business trust solely by reason of the business trust's having done business in the state without registration. Source: SL 2001, ch 245, §110.
SD Codified L § 47-14B-15 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-15 - Jurisdiction of circuit court for failure to register or for false registration.

47-14B-15. Jurisdiction of circuit court for failure to register or for false registration.The circuit court shall have jurisdiction to enjoin any foreign business trust, or any agent thereof, from doing any business in the state if such foreign business trust has failed to register under this section or if such foreign business trust has secured a certificate of the secretary of state on the basis of false or misleading representations. The attorney general shall, upon the attorney general's own motion or upon the relation of proper parties, proceed for this purpose by complaint in any county in which such foreign business trust is doing or has done business. Source: SL 2001, ch 245, §111.
SD Codified L § 47-14B-16 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-16 - Application of § 47-14A-51.

47-14B-16. Application of §47-14A-51.Section 47-14A-51 is also applicable to foreign business trusts as if they were domestic business trusts. Source: SL 2001, ch 245, §112.
SD Codified L § 47-14B-17 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-17 - Service of process on foreign business trust.

47-14B-17. Service of process on foreign business trust.Service of legal process upon any foreign business trust shall be made by delivering a copy personally to any trustee of the foreign business trust in the state or the registered agent of the foreign business trust in the state, or by leaving it at the dwelling house or usual place of abode in the state of any such trustee or registered agent (if the registered agent be an individual), or at the registered office or other place of business of the foreign business trust in the state. If the registered agent be a corporation, service of process upon it as such may be made by serving, in the state, a copy thereof on the president, vice president, secretary, assistant secretary, or any director of the corporate registered agent. Service by copy left at the dwelling house or usual place of abode of any trustee or registered agent, or at the registered office or other place of business of the foreign business trust in the state, to be effective, must be delivered thereat at least six days before the return date of the process, and in the presence of an adult person, and the officer serving the process shall distinctly state the manner of service in the officer's return thereto. Process returnable forthwith must be delivered personally to the trustee or registered agent. Source: SL 2001, ch 245, §113.
SD Codified L § 47-14B-18 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-18 - Service of process when due diligence fails.

47-14B-18. Service of process when due diligence fails.In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any manner provided for by §47-14B-17, the process against the foreign business trust may be served upon the secretary of state, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided for in §47-14B-17. In the event service is effected through the secretary of state in accordance with this section, the secretary of state shall forthwith notify the foreign business trust by letter, certified mail, return receipt requested, directed to the foreign business trust at its last registered office. Such letter shall enclose a copy of the process and any other papers served on the secretary of state pursuant to this section. The plaintiff shall, in the event of such service, serve process and any other papers in duplicate, notify the secretary of state that service is being effected pursuant to this section, and to pay to the secretary of state the sum of fifty dollars for the use of the state, which sum shall be taxed as a part of the costs in the proceeding if the plaintiff shall prevail therein. The secretary of state shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and defendant, the title, docket number, and nature of the proceeding in which process has been served upon the secretary of state, the fact that service has been effected pursuant to this section, the return date thereof and the day and hour when the service was made. The secretary of state need not retain such information for a period longer than five years from receipt of the service of process. Source: SL 2001, ch 245, §114.
SD Codified L § 47-14B-19 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-19 - Service of process on unregistered foreign business trust.

47-14B-19. Service of process on unregistered foreign business trust.Any foreign business trust which does business in the state without having registered under this chapter shall be deemed to have thereby appointed and constituted the secretary of state its agent for the acceptance of legal process in any civil action, suit, or proceeding against it in any state or federal court in the state arising or growing out of any business done by it within the state. The doing of business in the state by such foreign business trust shall be a signification of the agreement of such foreign business trust that any such process when so served shall be of the same legal force and validity as if served upon an authorized manager or agent personally within the state. Source: SL 2001, ch 245, §115.
SD Codified L § 47-14B-20 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-20 - "Doing business" defined.

47-14B-20."Doing business" defined.Whenever the words, doing business, the doing of business, or business done in this state, by any such foreign business trust are used in this section, they mean the course or practice of carrying on any business activities in the state. Source: SL 2001, ch 245, §116.
SD Codified L § 47-14B-21 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-21 - Service upon secretary of state--Notice to foreign business trust.

47-14B-21. Service upon secretary of state--Notice to foreign business trust.In the event of service upon the secretary of state, the secretary of state shall forthwith notify the foreign business trust thereof by letter, certified mail, return receipt requested, directed to the foreign business trust at the address furnished to the secretary of state by the plaintiff in such action, suit, or proceeding. Such letter shall enclose a copy of the process and any other papers served upon the secretary of state. The plaintiff shall, in the event of such service, serve process and any other papers in duplicate, notify the secretary of state that service is being made pursuant to this section, and pay to the secretary of state the sum of fifty dollars for the use of the state, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The secretary of state shall maintain an alphabetical record of any such process setting forth the name of the plaintiff and defendant, the title, docket number, and nature of the proceeding in which process has been served upon the secretary of state, the return date thereof, and the day and hour when the service was made. The secretary of state need not retain such information for a period longer than five years from receipt of the service of process. Source: SL 2001, ch 245, §117.
SD Codified L § 47-14B-22 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-22 - Filing fees-Documents not effective until fee paid.

47-14B-22. Filing fees-Documents not effective until fee paid.No document required to be filed under this chapter is effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the secretary of state for the use of the state:(1)Upon receipt for filing of an application for registration as a foreign business trust, a certificate, or a certificate of cancellation, a fee of one hundred twenty-five dollars; and(2)Upon the receipt for filing of a certificate, a fee of fifty dollars. Source: SL 2001, ch 245, §118; SL 2009, ch 4, §14.
SD Codified L § 47-14B-23 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-23 - Application of chapter.

47-14B-23. Application of chapter.This chapter applies to all business trusts of the type described in this chapter now existing or hereafter created and all such business trusts existing on July 1, 2001, desiring to continue operations must have registered under the provisions of this chapter by filing in the Office of the Secretary of State a declaration of trust and paying a fee of fifty dollars prior to September 30, 2001. Source: SL 2001, ch 245, §119.
SD Codified L § 47-14B-24 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-24 - Compliance with requirements--Violation.

47-14B-24. Compliance with requirements--Violation.No person may transact or conduct any business, within this state, under any business trust without first complying with the provisions and requirements of this chapter. A violation of this section is a Class 1 misdemeanor. Source: SL 2001, ch 245, §120.
SD Codified L § 47-14B-25 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 14B - South Dakota Foreign Business Trust Act|Section 47-14B-25 - Citation of chapter.

47-14B-25. Citation of chapter.This chapter may be cited as the South Dakota Foreign Business Trust Act. Source: SL 2001, ch 245, §121.
SD Codified L § 47-15-1 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-1 - Definitions.

47-15-1. Definitions.Terms used in chapters 47-15 to 47-20, inclusive, mean:(1)"Articles," articles of incorporation;(2)"Cooperative," a cooperative corporation which is subject to the provisions of chapters 47-15 to 47-20, inclusive;(3)"Corporation," a corporation which is not a cooperative;(4)"Electronic transmission" or "electronically transmitted," any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient;(5)"Entity," a domestic and foreign corporation, limited liability company, partnership, cooperative or other legal entity, trust, domestic and foreign unincorporated entity or association, and bodies politic;(6)"Foreign cooperative," a cooperative association organized and operated on a cooperative basis under the laws of any other state, territory, or possession of the United States, or of the District of Columbia or any foreign state, province, or country;(7)"Individual," any natural person;(8)"Member," a person who has been qualified and accepted for membership in a cooperative;(9)"Patron," any person who purchases products or services provided in the normal course of the business of a cooperative. The term "patron" does not include a telecommunications company which purchases any products or services from a telecommunications cooperative or pays any fees or settlements to a telecommunications cooperative, other than local telecommunications services; and(10)"Person," an entity or individual entity. Source: SDC 1939 §11.1101; SL 1949, ch 23; SL 1965, ch 23, §1; SL 1987, ch 342; SL 1994, ch 351, §120; SL 2018, ch 260, §1.
SD Codified L § 47-15-2 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-2 - Purposes--Banking and insurance prohibited.

47-15-2. Purposes--Banking and insurance prohibited.Cooperatives may be organized under this chapter for any lawful purpose except banking and insurance. Source: SDC 1939, §11.1102 as enacted by SL 1965, ch 23, §1; SL 1978, ch 337.
SD Codified L § 47-15-3 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-3 - Requisites for formation.

47-15-3. Requisites for formation.Three or more individuals of legal age, one of whom must be a resident, may form a cooperative by signing, acknowledging, filing, and recording articles of incorporation. Source: SDC 1939, §11.1104 as enacted by SL 1965, ch 23, §1; SL 2018, ch 260, §2.
SD Codified L § 47-15-4 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-4 - Articles of incorporation--Contents.

47-15-4. Articles of incorporation--Contents.The articles of incorporation shall set forth that they are executed pursuant to the provisions of this chapter and shall state:(1)The name of the cooperative;(2)The period of existence, unless perpetual;(3)The purposes for which organized. It is sufficient to state that the cooperative may engage in any activity within the purposes for which cooperatives may be organized, and all such activities shall then be deemed within its purposes, subject to express limitations;(4)Whether the cooperative is organized with or without capital stock;(5)The designation of classes of members, if more than one;(6)The number and par value of shares of each authorized class of stock; if more than one class is authorized, the designation, preferences, limitations, and relative rights of each class shall also be set forth;(7)Which classes of stock are membership stock;(8)As to each class of stock, the rate of dividend, or that the rate of dividend may be fixed by the board, or that no dividend will be paid;(9)Any reservation of a right to acquire or recall any stock;(10)The basis of distribution of assets in the event of liquidation;(11)The municipality in this state in which the cooperative's principal office is to be located and the information required by §59-11-6;(12)The number of directors, or that the number of directors shall be as stated in the bylaws;(13)The name and address of each incorporator; and(14)The names and addresses of at least three incorporators who will act as the temporary board and will serve until the first annual meeting of members or stockholders. Source: SDC 1939, §11.1105 as enacted by SL 1965, ch 23, §1; SL 1966, ch 16, §1; SL 1989, ch 390, §1; SL 1990, ch 367, §10; SL 1992, ch 60, §2; SL 2008, ch 275, §55.
SD Codified L § 47-15-5 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-5 - Particular provisions in articles or bylaws.

47-15-5. Particular provisions in articles or bylaws.It is not necessary to set forth in the articles of incorporation any of the powers granted by chapters 47-15 to 47-20, inclusive. The articles may include additional provisions, consistent with law, including provisions which are required or permitted to be set forth in the bylaws. Any provision required or permitted in the bylaws has equal force and effect if stated in the articles. Whenever a provision of the articles is inconsistent with a bylaw, the articles control. The bylaws of a cooperative may contain any provisions for the regulation and maintenance of the affairs of the cooperative not inconsistent with law or the articles of incorporation. Source: SDC 1939, §11.1106 as enacted by SL 1965, ch 23, §1; SL 2000, ch 220, §3.
SD Codified L § 47-15-6 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-6 - Filing articles with secretary of state--Beginning of corporate existence.

47-15-6. Filing articles with secretary of state--Beginning of corporate existence.The original articles of incorporation, duly signed, shall be delivered to the secretary of state for filing and recording. The legal corporate existence of a cooperative begins when the articles are so delivered. Source: SDC 1939, §11.1107 as enacted by SL 1965, ch 23, §1; SL 1989, ch 390, §2; SL 2012, ch 222, §2.
SD Codified L § 47-15-7 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-7 - Issuance of certificate of incorporation--Certificate as conclusive evidence of proper incorporation.

47-15-7. Issuance of certificate of incorporation--Certificate as conclusive evidence of proper incorporation.Upon receipt of the articles of incorporation and payment of the required fees the secretary of state shall issue a certificate of incorporation. The certificate of incorporation shall be conclusive evidence, except as against the state in a proceeding to cancel or revoke such certificate, that all conditions precedent to corporate existence have been met. Source: SDC 1939, §11.1108 as enacted by SL 1965, ch 23, §1.
SD Codified L § 47-15-8 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-8 - Amendment of articles--Majority vote required.

47-15-8. Amendment of articles--Majority vote required.At any member meeting, a cooperative may adopt any amendment to its articles which is lawful under §§47-15-4 and 47-15-5, if a statement of the proposed amendment was contained in the notice of the meeting.An amendment is adopted if approved by a majority of any quorum of members voting thereon at the meeting. Source: SDC 1939, §11.1135 as enacted by SL 1965, ch 23, §1; SL 1986, ch 387.
SD Codified L § 47-15-9 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-9 - Procedure for amending articles.

47-15-9. Procedure for amending articles.When any amendment to the articles is adopted, the president and secretary of the cooperative shall prepare and sign in duplicate, a certificate sealed with the seal of the cooperative, if it has a seal, stating:(1)The name of the cooperative;(2)The amendment and date of adoption;(3)The number of members voting for and against the amendment;(4)The number of members attending the meeting and a statement that such number constituted a quorum of members;(5)That the notice of the meeting of members was given as required by law. Source: SDC 1939, §11.1136 (1) as enacted by SL 1965, ch 23, §1.
SD Codified L § 47-15-10 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-10 - Filing with secretary of state--Certificate of amendment.

47-15-10. Filing with secretary of state--Certificate of amendment.One copy of the certificate required by §47-15-9 shall be retained in the records of the cooperative and one copy shall be filed and recorded in the Office of the Secretary of State, who shall issue a certificate of amendment thereon. Source: SDC 1939, §11.1136 (2) as enacted by SL 1965, ch 23, §1.
SD Codified L § 47-15-11 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-11 - Effect of amendment.

47-15-11. Effect of amendment.No amendment to the articles may affect any existing cause of action or proceeding to which the cooperative is a party or existing rights of persons other than members or stockholders. Source: SDC 1939, §11.1136 (3) as enacted by SL 1965, ch 23, §1.
SD Codified L § 47-15-12 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-12 - Articles and bylaws--Action to invalidate amendment--Limitations.

47-15-12. Articles and bylaws--Action to invalidate amendment--Limitations. No action may be maintained to invalidate any amendment to the articles or bylaws because of the manner of its adoption unless commenced within two years after its adoption. Source: SDC 1939, §11.1136 (4) as enacted by SL 1965, ch 23, §1; SL 2021, ch 194, § 1.
SD Codified L § 47-15-13 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-13 - Bankruptcy proceeding as amendment.

47-15-13. Bankruptcy proceeding as amendment.Certified copies of any order of a court of the United States, in proceedings under the bankruptcy laws, shall be filed and recorded as an amendment if the order effects an amendment to the articles. The principal officers of a cooperative shall cause each order to be promptly filed and recorded after it becomes final. Source: SDC 1939, §11.1138 as enacted by SL 1965, ch 23, §1.
SD Codified L § 47-15-14 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-14 - Amendment converting corporation to cooperative.

47-15-14. Amendment converting corporation to cooperative.Any corporation may convert itself into a cooperative by adopting an amendment to its articles by which it elects to become subject to chapters 47-15 to 47-20, inclusive, together with changes in its articles required by said chapters and other desirable changes permitted by said chapters. Such amendment shall be adopted, filed, and recorded in the manner provided by the law then applicable to the corporation and the conversion shall be effective upon issuance of the certificate of amendment by the secretary of state. Source: SDC 1939, §11.1142 as enacted by SL 1965, ch 23, §1; SL 1976, ch 287, §2.
SD Codified L § 47-15-15 (2021)
2021 South Dakota Codified Laws|Title 47 - Corporations|Chapter 15 - Cooperatives Formation And General Powers|Section 47-15-15 - Adoption of restated articles.

47-15-15. Adoption of restated articles.A cooperative may, by action taken in the manner required for an amendment, adopt restated articles which shall state that they supersede existing articles and amendments. Restated articles shall meet all requirements of original articles. Source: SDC 1939, §11.1137 as enacted by SL 1965, ch 23, §1; SL 1977, ch 381, §9.