reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-8 - Name similar to or same as other corporation.

47-27-8. Name similar to or same as other corporation.
No certificate of authority may be issued to any corporation unless its corporate name conforms to the requirements of chapter 47-22 pertaining to names of corporations.
Source:
SL 1965, ch 24, §67 (2); SL 1989, ch 393, §37; SL 1992, ch 323, §2.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-9 - Change of name to prohibited name--Suspension of certificate of authority.

47-27-9. Change of name to prohibited name--Suspension of certificate of authority.
Whenever a foreign corporation which is authorized to conduct affairs in this state shall change its name to one under which a certificate of authority would not be granted to it on application therefor, the certificate of authority of such corporation shall be suspended and it shall not thereafter do or engage in any business in this state until it has changed its name to a name which is available to it under the laws of this state.
Source:
SL 1965, ch 24, §68.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-10 - Certificate as not authorizing acts prohibited locally.

47-27-10. Certificate as not authorizing acts prohibited locally.
No foreign corporation shall be entitled to procure a certificate of authority under this chapter to conduct in this state any affairs which a corporation organized under chapter 47-22 is prohibited from conducting.
Source:
SL 1965, ch 24, §65.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-11 - Certificate as requisite for doing business.

47-27-11. Certificate as requisite for doing business.
No foreign corporation shall have the right to do or engage in any business in this state until it shall have procured a certificate of authority so to do from the secretary of state.
Source:
SL 1965, ch 24, §65.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-12 - Failure to obtain certificate as barring suit within state.

47-27-12. Failure to obtain certificate as barring suit within state.
No foreign corporation which is doing or engaging in any business in this state without a certificate of authority shall be permitted to maintain any action, suit, or proceeding in any court of this state until such corporation shall have obtained a certificate of authority. Nor shall any action, suit, or proceeding be maintained in any court of this state by any successor or assignee of such corporation on any right, claim, or demand arising out of the conduct of affairs by such corporation in this state, until a certificate of authority shall have been obtained by such corporation or by a corporation which has acquired all or substantially all of its assets.
Source:
SL 1965, ch 24, §82.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-13 - Failure to obtain certificate as not barring defense to action within state.

47-27-13. Failure to obtain certificate as not barring defense to action within state.
The failure of a foreign corporation to obtain a certificate of authority to do or engage in any business in this state shall not impair the validity of any contract or act of such corporation, and shall not prevent such corporation from defending any action, suit or proceeding in any court of this state.
Source:
SL 1965, ch 24, §82.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-14 - Liability for doing business in state without certificate--Fees and reports--Interest and penalties--Action by attorney general.

47-27-14. Liability for doing business in state without certificate--Fees and reports--Interest and penalties--Action by attorney general.
A foreign corporation which does or engages in any business in this state without a certificate of authority shall be liable to this state, for the years or parts thereof during which it did or engaged in any business in this state without a certificate of authority, in an amount equal to all fees which would have been imposed by chapter 47-28 upon such corporation had it duly applied for and received a certificate of authority to do or engage in any business in this state as required by this chapter and thereafter filed all reports required by this chapter and chapter 47-28, plus all interest and penalties imposed by this chapter or chapter 47-28 for failure to pay such fees. The attorney general shall bring proceedings to recover all amounts due this state under the provisions of this section.
Source:
SL 1965, ch 24, §82.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-17 - Circumstances under which new certificate of authority is necessary--Change of corporate name--Additional corporate purposes--Application for new certificate of authority.

47-27-17. Circumstances under which new certificate of authority is necessary--Change of corporate name--Additional corporate purposes--Application for new certificate of authority.
Any foreign corporation authorized to do or engage in business in this state shall procure an amended certificate of authority if it changes its corporate name or desires to pursue other or additional purposes than those set forth in its application for a certificate of authority by making application therefor to the secretary of state.
The requirements for the form and contents of such application, manner of its execution, filing of an original and one exact or conforming copy of the application with the secretary of state, issuance of an amended certificate of authority and effect thereof are the same as for an original application for a certificate of authority.
Source:
SL 1965, ch 24, §77; SL 1990, ch 367, §17.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-18 - Annual reports by foreign corporations.

47-27-18. Annual reports by foreign corporations.
Any foreign corporation authorized to engage in business in this state, shall file an annual report pursuant to §§59-11-24 to 59-11-26, inclusive.
Source:
SL 1965, ch 24, §83; SL 1966, ch 21; SL 1967, ch 14, §3; SL 1989, ch 393, §40; SL 2004, ch 280, §10; SL 2008, ch 275, §69.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-29 - Contract or tort within state as consent to serve secretary of state.

47-27-29. Contract or tort within state as consent to serve secretary of state.
If a foreign corporation makes a contract with a resident of South Dakota to be performed in whole or in part by either party in South Dakota, or if such foreign corporation commits a tort in whole or in part in South Dakota against a resident of South Dakota, such acts shall be deemed to be doing business in South Dakota by the foreign corporation and shall be deemed equivalent to the appointment by the foreign corporation of the secretary of state of the State of South Dakota and his successors to be its true and lawful attorney upon whom may be served all lawful process in any actions or proceedings against the foreign corporation arising from or growing out of such contract or tort. The making of the contract or the committing of the tort shall be deemed to be the agreement of the foreign corporation that any process against it which is so served upon the secretary of state shall be of the same legal force and effect as if served personally within the State of South Dakota.
Source:
SL 1965, ch 24, §74.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-32 - Withdrawal of foreign corporation from state--Certificate of withdrawal--Application to secretary of state--Contents of application.

47-27-32. Withdrawal of foreign corporation from state--Certificate of withdrawal--Application to secretary of state--Contents of application.
Any foreign corporation authorized to engage in business in this state may withdraw from this state after obtaining from the secretary of state a certificate of withdrawal. To obtain a certificate of withdrawal, the foreign corporation shall deliver to the secretary of state an application for withdrawal, which shall set forth:
(1)The name of the corporation and the state or country under whose laws it is incorporated;
(2)That the corporation is not doing or engaging in any business in this state;
(3)That the corporation surrenders its authority to do or engage in any business in this state;
(4)That the corporation revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action, suit or proceeding based upon any cause of action arising in this state during the time the corporation was authorized to conduct affairs in this state may thereafter be made on such corporation by service thereof on the secretary of state; and
(5)A post office address to which the secretary of state may mail a copy of any process against the corporation that may be served on him.
The original application for withdrawal shall be made on forms prescribed and furnished by the secretary of state and shall be executed by the chairman of the board, by the corporation's president or by another of the corporation's officers, or, if the corporation is in the hands of a receiver, trustee or by other court-appointed fiduciary, by that fiduciary.
Source:
SL 1965, ch 24, §78; SL 1989, ch 393, §43; SL 2012, ch 222, §10.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-33 - Endorsement and filing by secretary of state--Issuance of certificate of withdrawal.

47-27-33. Endorsement and filing by secretary of state--Issuance of certificate of withdrawal.
The original application for withdrawal shall be delivered to the secretary of state. Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document. If the secretary of state finds that such application conforms to the provisions of this chapter, when all fees have been paid as prescribed in chapter 47-28, the secretary of state shall:
(1)Endorse the word "filed" on the original and the copy and the month, day, and year of filing;
(2)File the original in his office; and
(3)Issue a certificate of withdrawal to which he shall affix the copy.
The certificate of withdrawal, together with the copy of the application for withdrawal affixed, shall be returned to the corporation or its representative.
Source:
SL 1965, ch 24, §79; SL 1989, ch 393, §44; SL 2012, ch 222, §11.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-34 - Cessation of authority to conduct local business.

47-27-34. Cessation of authority to conduct local business.
Upon the issuance of a certificate of withdrawal pursuant to §47-27-33, the authority of the corporation to conduct affairs in this state shall cease.
Source:
SL 1965, ch 24, §79.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-35 - Revocation of certificate of authority--Grounds for revocation.

47-27-35. Revocation of certificate of authority--Grounds for revocation.
The certificate of authority of a foreign corporation to do or engage in any business in this state may be revoked by the secretary of state upon the conditions prescribed in §47-27-36 when:
(1)The corporation has failed to file its annual report within the time required or has failed to pay any fees or penalties prescribed by this chapter or chapter 47-28 when they have become due and payable; or
(2)The corporation has failed to appoint and maintain a registered agent in this state; or
(3)The corporation has failed, after change of its registered agent, to file in the Office of the Secretary of State a statement of such change; or
(4)The corporation has failed to file in the Office of the Secretary of State any amendment to its articles of incorporation or any articles of merger within the time prescribed by this chapter; or
(5)A misrepresentation has been made of any material matter in any application, report, affidavit, or other document submitted by such corporation pursuant to chapters 47-22 to 47-28, inclusive.
Source:
SL 1965, ch 24, §80; SL 2008, ch 275, §71.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-36 - Notice and procedure for revocation--Time for notice--Corrective action by corporation.

47-27-36. Notice and procedure for revocation--Time for notice--Corrective action by corporation.
No certificate of authority of a foreign corporation shall be revoked by the secretary of state unless:
(1)He shall have given the corporation not less than sixty days' notice thereof by mail addressed to its registered office in this state; and
(2)The corporation shall fail prior to revocation to file such annual report, or pay such fees or penalties, or file the required statement or change of registered agent, or file such articles of amendment or articles of merger, or correct such misrepresentation.
Source:
SL 1965, ch 24, §80.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-37 - Issuance and filing of certificate of revocation--Notice to corporation.

47-27-37. Issuance and filing of certificate of revocation--Notice to corporation.
Upon revoking any certificate of authority, the secretary of state shall:
(1)Issue an original and one exact or conforming copy of a certificate of revocation;
(2)File the original in his office; and
(3)Mail to the corporation at its registered office in this state a notice of revocation accompanied by the copy.
Source:
SL 1965, ch 24, §81; SL 1989, ch 393, §45.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 27 - Foreign Nonprofit Corporations › Section 47-27-38 - Cessation of authority to do business locally.

47-27-38. Cessation of authority to do business locally.
Upon the issuance of such certificate of revocation, the authority of the corporation to do or engage in any business in this state shall cease.
Source:
SL 1965, ch 24, §81.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-1 - General powers of secretary of state.

47-28-1. General powers of secretary of state.
The secretary of state shall have the power and authority reasonably necessary to enable him to administer chapters 47-22 to 47-28, inclusive, efficiently and to perform the duties therein imposed upon him.
Source:
SL 1965, ch 24, §91.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-2 - Appeal from actions of secretary of state--Notice of disapproval by secretary of state--Time for notice.

47-28-2. Appeal from actions of secretary of state--Notice of disapproval by secretary of state--Time for notice.
If the secretary of state shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by chapters 47-22 to 47-28, inclusive, to be approved by the secretary of state before the same shall be filed in his office, he shall, within ten days after the delivery thereof to him give written notice of his disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons therefor.
Source:
SL 1965, ch 24, §92.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-3 - Appeal to circuit court--Venue--Petition and supporting documents--Trial de novo.

47-28-3. Appeal to circuit court--Venue--Petition and supporting documents--Trial de novo.
From disapproval of any articles or document described in §47-28-2, the person or corporation delivering the same to the secretary of state may appeal to the circuit court for the county in which the registered office of such corporation is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of the articles or other document sought to be filed and a copy of the written disapproval thereof by the secretary of state; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the secretary of state or direct him to take such action as the court may deem proper.
Source:
SL 1965, ch 24, §92.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-4 - Right of foreign corporation to appeal revocation of certificate of authority--Procedure for appeal--Trial de novo.

47-28-4. Right of foreign corporation to appeal revocation of certificate of authority--Procedure for appeal--Trial de novo.
If the secretary of state shall revoke the certificate of authority to conduct affairs in this state of any foreign corporation, pursuant to the provisions of chapter 47-27, such foreign corporations may, in the manner provided by §47-28-3, appeal to the circuit court for the county where the registered office of such corporation in this state is situated, by filing with the clerk of such court a petition setting forth a copy of its certificate of authority to conduct affairs in this state and a copy of the notice of revocation given by the secretary of state; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the secretary of state or direct him to take such action as the court may deem proper.
Source:
SL 1965, ch 24, §92.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-5 - Appeal from order of circuit court--Procedure.

47-28-5. Appeal from order of circuit court--Procedure.
Appeals from all final orders and judgments entered by the circuit court under §47-28-3 or 47-28-4 in review of any ruling or decision of the secretary of state may be taken as in other civil actions.
Source:
SL 1965, ch 24, §92.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-6 - Filing fees.

47-28-6. Filing fees.
The secretary of state shall charge and collect for:
(1)Filing articles of incorporation and issuing a certificate of incorporation, thirty dollars;
(2)Filing articles of amendment and issuing a certificate of amendment, fifteen dollars;
(3)Filing articles of merger or consolidation and issuing a certificate of merger or consolidation, fifteen dollars;
(4)Repealed by SL 2008, ch 275, §72;
(5)Filing articles of dissolution, five dollars;
(6)Filing an application of a foreign corporation for a certificate of authority to conduct affairs in this state and issuing a certificate of authority, one hundred twenty-five dollars;
(7)Filing an application of a foreign corporation for an amended certificate of authority to conduct affairs in this state and issuing an amended certificate of authority, twenty-five dollars;
(8)Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, five dollars;
(9)Filing any other statement or report, including an annual report, of a foreign corporation, ten dollars;
(10)Filing an annual report of a domestic nonprofit corporation under chapter 47-24, ten dollars;
(11)Filing a petition for reinstatement and issuing a certificate of reinstatement, thirty dollars; and
(12)Filing a notice of sale, transfer, or merger, fifteen dollars.
Source:
SL 1965, ch 24, §85; SL 1967, ch 14, §5; SL 1978, ch 339, §3; SL 1982, ch 321, §2; SL 1989, ch 393, §46; SL 2003, ch 8, §19; SL 2008, ch 275, §72; SL 2009, ch 4, §15.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-7 - Fee for service of process.

47-28-7. Fee for service of process.
The secretary of state shall charge and collect, at the time of any service of process on the secretary of state as resident agent of a corporation, thirty dollars, which amount may be recovered as taxable costs by the party to the suit or action causing the service to be made if the party prevails in the suit or action.
Source:
SL 1965, ch 24, §86 (2); SL 2003, ch 8, §20; SL 2009, ch 4, §16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-8 - Fee for certified copy.

47-28-8. Fee for certified copy.
The secretary of state shall charge and collect for furnishing a certified copy of any document, instrument, or paper relating to a corporation, two dollars per page, and fifteen dollars for the certificate and affixing the seal.
Source:
SL 1965, ch 24, §86 (1); SL 1997, ch 141, §8; SL 2003, ch 8, §21; SL 2009, ch 4, §17; SL 2016, ch 2, §7.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-9 - Prima facie effect of certificates of secretary of state--Admissibility.

47-28-9. Prima facie effect of certificates of secretary of state--Admissibility.
All certificates issued by the secretary of state in accordance with the provisions of chapters 47-22 to 47-28, inclusive, and all copies of documents filed in his office in accordance with the provisions of said chapters when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts therein stated. A certificate by the secretary of state under the great seal of this state, as to the existence or nonexistence of the facts relating to corporations which would not appear from a certified copy of any of the foregoing documents or certificates shall be taken and received in all courts, public offices, and official bodies as prima facie evidence of the existence or nonexistence of the facts therein stated.
Source:
SL 1965, ch 24, §93.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-11 - Interrogatories by secretary of state to determine compliance with statutes.

47-28-11. Interrogatories by secretary of state to determine compliance with statutes.
The secretary of state may propound to any corporation, domestic or foreign, subject to the provisions of chapters 47-22 to 47-28, inclusive, and to any officer or director thereof, such interrogatories as may be reasonably necessary and proper to enable him to ascertain whether such corporation has complied with all the provisions of said chapters applicable to such corporations.
Source:
SL 1965, ch 24, §89.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-12 - Answer to interrogatories--Time for answer--Extension of time--Proper party to answer.

47-28-12. Answer to interrogatories--Time for answer--Extension of time--Proper party to answer.
Interrogatories propounded pursuant to §47-28-11 shall be answered within thirty days after the mailing thereof, or within such additional time as shall be fixed by the secretary of state, and the answers thereto shall be full and complete and shall be made in writing and under oath. If such interrogatories be directed to an individual they shall be answered by him, and if directed to a corporation they shall be answered by the president, vice-president, secretary, or assistant secretary, or treasurer or assistant treasurer thereof.
Source:
SL 1965, ch 24, §89.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-13 - Withholding filing of documents pending answer--Certification of certain answers to attorney general.

47-28-13. Withholding filing of documents pending answer--Certification of certain answers to attorney general.
The secretary of state need not file any document to which interrogatories propounded pursuant to §47-28-11 relate until such interrogatories be answered as provided in §47-28-12, and not then if the answers thereto disclose that such document is not in conformity with the provisions of chapters 47-22 to 47-28, inclusive. The secretary of state shall certify to the attorney general, for such action as the attorney general may deem appropriate, all interrogatories and answers thereto which disclose a violation of any of the provisions of said chapters.
Source:
SL 1965, ch 24, §89.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-14 - Interrogatories and answers as confidential--Exception in case of criminal proceedings.

47-28-14. Interrogatories and answers as confidential--Exception in case of criminal proceedings.
Interrogatories propounded by the secretary of state and the answers thereto shall not be open to public inspection nor shall the secretary of state disclose any facts or information obtained therefrom except insofar as his official duty may require the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any criminal proceedings or in any other action by this state.
Source:
SL 1965, ch 24, §90.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-15 - Failure to answer interrogatories--Civil fine.

47-28-15. Failure to answer interrogatories--Civil fine.
Each corporation, domestic or foreign, that fails or refuses to answer truthfully and fully within the time prescribed by this chapter interrogatories propounded by the secretary of state in accordance with the provisions of this chapter, is subject to a civil fine in any amount not exceeding five hundred dollars.
Source:
SL 1965, ch 24, §87; SL 1967, ch 14, §6; SL 1983, ch 15, §45; SL 1983, ch 331, §5.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-16 - Director or officer failing to answer interrogatories or signing false report--Civil fine.

47-28-16. Director or officer failing to answer interrogatories or signing false report--Civil fine.
Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed by this chapter to answer truthfully and fully interrogatories propounded to him by the secretary of state in accordance with the provisions of this chapter, or who signs any article, statement, report, application, or other document filed with the secretary of state which is known to such officer or director to be false in any material respect, is subject to a civil fine in any amount not exceeding five hundred dollars.
Source:
SL 1965, ch 24, §88; SL 1983, ch 15, §46; SL 1983, ch 331, §6.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-17 - Forms prescribed by secretary of state--Use not mandatory.

47-28-17. Forms prescribed by secretary of state--Use not mandatory.
All reports required by chapters 47-22 to 47-28, inclusive, to be filed in the Office of the Secretary of State shall be made on forms which shall be prescribed and furnished by the secretary of state. Forms for all other documents to be filed in the Office of the Secretary of State shall be furnished by the secretary of state on request therefor, but the use thereof, unless otherwise specifically prescribed in said chapters, shall not be mandatory.
Source:
SL 1965, ch 24, §94.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-18 - Filing by electronic transmission.

47-28-18. Filing by electronic transmission.
Notwithstanding any provision to the contrary in chapters 47-22 to 47-28, inclusive, filings with the Office of Secretary of State may be made by electronic transmission if and to the extent permitted by the Office of Secretary of State.
Source:
SL 2016, ch 221, §3.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State › Section 47-28-19 - Delayed effective time and date of filings.

47-28-19. Delayed effective time and date of filings.
Notwithstanding any provision to the contrary in chapters 47-22 to 47-28, inclusive, filings with the Office of Secretary of State may specify 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 2016, ch 221, §4.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-1 - Cemetery corporations authorized--Nonprofit corporation law as applicable.

47-29-1. Cemetery corporations authorized--Nonprofit corporation law as applicable.
Incorporations for the purpose of establishing, operating, or maintaining cemeteries may be formed under the provisions of chapters 47-22 to 47-28, inclusive, relating to nonprofit corporations so far as applicable and conformable to the powers, duties, limitations, and policy in this chapter prescribed for cemetery corporations or associations.
Source:
SDC 1939, §11.1901; SL 1966, ch 17, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-2 - Permissible bylaw provisions--General management--Conformity with other corporation law.

47-29-2. Permissible bylaw provisions--General management--Conformity with other corporation law.
Cemetery corporations may make such provisions in their bylaws for general management and operation of the corporation, elections of directors and officers, removals and filling of vacancies, and corporate meetings as may be permitted by and conformable to the statutes under which the same are organized and conformable to their articles of incorporation and this chapter.
Source:
SDC 1939, §11.1902.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-3 - Cemetery lot owners as members of corporation--Vote--Jointly owned lots--Proxy voting.

47-29-3. Cemetery lot owners as members of corporation--Vote--Jointly owned lots--Proxy voting.
The owner or owners or proprietors of a lot or lots in any cemetery, and none other, shall by virtue of such ownership or proprietorship of any such lot be members of the cemetery corporation and entitled to one vote only for each such person owning a lot or lots in said cemetery. If there be more than one proprietor of a single lot then such one of said proprietors as the majority of the proprietors of such lot may designate shall cast the vote for same. Written proxy shall entitle a member to vote for another in addition to his own vote.
Source:
SDC 1939, §11.1903.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-4 - Quorum of members--Proxies counted.

47-29-4. Quorum of members--Proxies counted.
Five members of a cemetery corporation entitled to a vote under the provisions of §47-29-3 shall constitute a quorum of the corporation to transact business of any kind including the election of officers, adoption, amendment, or repeal of bylaws, or amendment of articles of incorporation. Written proxies may be counted in making up the quorum.
Source:
SDC 1939, §11.1903; SL 1983, ch 329, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-5 - Notice of election of directors--Publication of notice--Time of publication--Notice of other meetings.

47-29-5. Notice of election of directors--Publication of notice--Time of publication--Notice of other meetings.
Notice of any election of directors or officers of a cemetery corporation, except the original organization election, shall be given by publishing the same in a newspaper published in the county in which the cemetery is located and nearest the vicinity thereof stating the time and place of election and officers to be elected. Such notice must be published at least ten days before the date fixed for such election. The notice required for other meetings of the officers or directors shall be as fixed in the bylaws.
Source:
SDC 1939, §11.1903.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-7 - Grounds previously used for burial--Lot owners as members of corporation.

47-29-7. Grounds previously used for burial--Lot owners as members of corporation.
When grounds purchased or otherwise acquired for cemetery purposes have been previously used as a burial ground, those who are lot owners at the time of the purchase shall continue to own the same and be members of the corporation with all the privileges the purchase of a corporation lot confers.
Source:
SDC 1939, §11.1904.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-8 - Transfer of lot to individual owner for burial--Succession to ownership of lot--Joint owners.

47-29-8. Transfer of lot to individual owner for burial--Succession to ownership of lot--Joint owners.
Whenever an interment is made in any cemetery lot transferred to an individual owner by the corporation, the same thereby becomes forever inalienable while any person is buried therein and descends in regular line of succession to the heirs-at-law of the owner, but any one or more of such heirs or any other joint owners may release to each other his or their interest in the same.
Source:
SDC 1939, §11.1905.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-9 - Failure to inter or care for lot or mausoleum--Resale of lot--Transfer of mausoleum to municipality--Notice required.

47-29-9. Failure to inter or care for lot or mausoleum--Resale of lot--Transfer of mausoleum to municipality--Notice required.
Any cemetery lot or lots, or parts of lots, transferred to an individual owner by the corporation, or any mausoleum if the charter of the mausoleum corporation has expired, and in which no interment has been made and which for a period of ten years or more remains uncared for and neglected by the owner or owners thereof, except where such owner or owners are entitled to perpetual care of such lot or lots, or parts of lots, may be resold by the association or the title to and responsibility for the repair and care of the building and grounds upon which the mausoleum is located may be transferred to the municipality in which the mausoleum is located. Notice of either the resale or title transfer shall be given and is final upon its publication for three successive weeks in a legal newspaper of the county where the lots or mausoleum are located. Resale of a cemetery lot or transfer of the title to a mausoleum may be made at any time after the completion of the publication.
Source:
SDC 1939, §11.1905; SL 1984, ch 302, §1.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-10 - Other laws applicable to nonperpetual care cemeteries.

47-29-10. Other laws applicable to nonperpetual care cemeteries.
Any nonperpetual care cemetery, including nonperpetual care cemetery organizations excepted from the provisions of chapter 55-12 by §55-12-1, shall be subject to the duties imposed and the rights provided by §§47-29-8 and 47-29-9.
Source:
SDC Supp 1960, §11.19A11 as enacted by SL 1966, ch 18.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-11 - Power of corporation to hold real estate--Maximum holdings--Platting and sale of lots.

47-29-11. Power of corporation to hold real estate--Maximum holdings--Platting and sale of lots.
Every cemetery corporation has power to purchase or take by gift, grant, or devise, or to hold real property not exceeding one hundred sixty acres for the sole use and purpose of a burial ground and to lay out the same into lots, with convenient avenues and walks, and to sell the lots for the sole use and purpose of burying the dead.
Source:
SDC 1939, §11.1906; SL 1949, ch 24; SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-12 - Additional holdings of real property--Sale of additional holdings.

47-29-12. Additional holdings of real property--Sale of additional holdings.
Any cemetery corporation shall also have power to acquire any real property other than real property specified in §47-29-11, if such acquirement is by gift, by devise under a will, or by purchase at foreclosure sale of any such real property on which such corporation holds a lien. Any such real property heretofore so acquired by such corporation may continue to be owned and held by such corporation. Any such real property so acquired and outside the boundaries of other real estate acquired for cemetery purposes may be sold and conveyed by such corporation, the same as with reference to real property owned and held by other corporations.
Source:
SDC 1939, §11.1906 as added by SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-13 - Surveying and platting of cemetery grounds--Recordation--Lot numbering.

47-29-13. Surveying and platting of cemetery grounds--Recordation--Lot numbering.
A cemetery corporation shall cause its land, or such portion thereof as may from time to time become necessary for that purpose, to be surveyed into lots, avenues, and walks, and platted, and the plat of ground as surveyed shall be acknowledged and recorded in the office of the register of deeds of the county. Each lot shall be regularly numbered by the surveyor and such number shall be marked on the plat and recorded.
Source:
SDC 1939, §11.1906; SL 1949, ch 24; SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-14 - Sale of unplatted and unused ground.

47-29-14. Sale of unplatted and unused ground.
Any cemetery association or cemetery corporation which owns a tract of land which is included within the boundaries of real estate acquired for cemetery purposes, and which lies adjacent to the outer boundaries thereof, and which tract has not been surveyed as required by §47-29-13 and in which tract no interment has been made, may sell the same when it is determined by it that such tract will not be needed for cemetery purposes.
Source:
SDC 1939, §11.1906 as added by SL 1949, ch 24; SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-15 - Sale of platted but unused, unsold and unneeded ground--Determination by governing body of corporation--Confirmation.

47-29-15. Sale of platted but unused, unsold and unneeded ground--Determination by governing body of corporation--Confirmation.
If any cemetery association or cemetery corporation owns a tract of land surveyed and platted as required by §47-29-13 which is included within the boundaries of real estate acquired for cemetery purposes, and which tract lies adjacent to the outer boundaries of such real estate acquired for cemetery purposes, and in which tract no interment has been made, and in which tract nobody holds any existing right, acquired by purchase or otherwise, to make an interment, said corporation or association may sell such tract either as an entirety or in subdivisions, if and when it is determined, as hereinafter provided, that there is no reasonable ground for belief that such tract or any part thereof will be needed for interment purposes for a period of twenty years in the future. Such determination shall be by the governing body of such corporation or association, confirmed as provided in §§47-29-16 and 47-29-17.
Source:
SDC 1939, §11.1906 as added by SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-16 - Circuit court petition for confirmation--Contents of petition--Hearing--Notice of hearing--Method of notice--Including multiple tracts in petition.

47-29-16. Circuit court petition for confirmation--Contents of petition--Hearing--Notice of hearing--Method of notice--Including multiple tracts in petition.
Before making any sale or conveyance of the whole or any part of a tract described in §47-29-15, the cemetery corporation or association shall file with the circuit court for the county in which such corporation or association maintains a cemetery a petition for confirmation of the determination made under §47-29-15, which petition shall set forth the facts showing that such tract is eligible under said section for sale and conveyance. Such court shall thereupon by order appoint a time and place for hearing on such petition, which time shall be not less than thirty days from the date of filing such petition, and which order shall also contain a description of such tract, a statement as to the nature of the order sought by said petition, a reference to said petition on file with the clerk of said court for further particulars, and a statement that any person interested may appear at said hearing and be heard as to whether such petition is to be granted. Notice of such hearing shall be given by publication of such order in a legal newspaper published in said county once each week for three successive weeks prior to said hearing. Any number of such tracts, if meeting the requirements of §47-29-15, may be included in such a petition, whether or not such tracts are contiguous.
Source:
SDC 1939, §11.1906 as added by SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-17 - Order granting or denying petition--Order as conclusive absent appeal.

47-29-17. Order granting or denying petition--Order as conclusive absent appeal.
At the hearing required by §47-29-16, and after receipt of evidence offered in support of such petition and evidence, if any, offered in opposition thereto, the circuit court shall grant such petition if satisfied that the evidence sustains the same, and if not, such petition shall be dismissed. If such court grants such petition, judgment shall be entered accordingly and, subject only to right of appeal, shall conclusively establish the right of the cemetery corporation or association to make such sale and such conveyance.
Source:
SDC 1939, §11.1906 as added by SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-18 - Judgment as vacating plat or survey--Replatting.

47-29-18. Judgment as vacating plat or survey--Replatting.
Judgment granting a petition filed under §47-29-16 shall have the effect of vacating any plat or survey theretofore made of such tract, whether or not such plat or survey has been recorded, and the cemetery corporation or association shall thereupon be authorized to cause to be made, as provided by law, a new plat of said tract or any part thereof and to cause such plat to be recorded.
Source:
SDC 1939, §11.1906 as added by SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-19 - Extension of cemetery boundaries--Purchase of lands--Condemnation of lands--Condemnation laws applicable.

47-29-19. Extension of cemetery boundaries--Purchase of lands--Condemnation of lands--Condemnation laws applicable.
Whenever the officers of a cemetery association incorporated under and controlled by the laws of this state find it necessary to extend the boundaries of such cemetery in order to provide for the burial of the dead, they shall first locate and describe clearly the location and extent of the adjoining land desired. They shall then seek to secure the same by offer of purchase. If, however, the owner or owners of such tract or tracts adjoining the cemetery already established shall refuse to sell the lands described for proper and just compensation and by exorbitant price shall make it impracticable for such officers to purchase the same, such officers may proceed to have the land located and described by them condemned as provided in the statutes and rules of court for condemnation of private property for public use.
Source:
SDC 1939, §11.1907.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-20 - Improvements on cemetery lands--Prohibited uses.

47-29-20. Improvements on cemetery lands--Prohibited uses.
A cemetery corporation shall have power to inclose, improve, and embellish its grounds, avenues and walks, and to erect buildings or vaults for its use and to prescribe in its bylaws rules for the sale, inclosure, or ornamentation of lots and for erecting monuments or gravestones thereon; and to prohibit any use, division, improvement, or ornamentation of any lot which the corporation may deem improper; and to make other bylaws and acts to the end that all the appliances, conveniences, and benefits of the public and private cemetery may be obtained and secured.
Source:
SDC 1939, §11.1908.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-21 - Authorization to hold personal property.

47-29-21. Authorization to hold personal property.
A cemetery corporation may hold such personal property as the legitimate and necessary purposes of the corporation may require.
Source:
SDC 1939, §11.1906; SL 1949, ch 24; SL 1955, ch 16.
2023 South Dakota Codified Laws › Title 47 - Corporations › Chapter 29 - Cemetery Corporations › Section 47-29-22 - Authorization to establish perpetual fund--Donations--Election of trustees--Bond and accounting of trustees.

47-29-22. Authorization to establish perpetual fund--Donations--Election of trustees--Bond and accounting of trustees.
A cemetery corporation also has power:
(1)To establish a perpetual fund to be used in purchasing and maintaining mowing equipment, hiring maintenance staff, caring for, ornamenting, beautifying, and improving its grounds;
(2)To receive donations, devises, and legacies for such purpose; and
(3)To elect three trustees to care for and invest such trust fund in such manner and under such restrictions and for such term or terms as may be prescribed by its articles of incorporation or bylaws.
The directors of any such corporation have power to require bonds from such trustees, from time to time, conditioned for the faithful discharge of their duties in such amounts as such board may deem necessary for the safety and proper security of such fund; and such trustees shall account at least once each year for all income arising from such perpetual fund and to make a full and detailed report of the condition of the fund if required by the board of directors.
Source:
SDC 1939, §11.1909; SL 2012, ch 225, §1; SL 2013, ch 232, §1.