There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 47-1A-1021 — Bylaw increasing quorum or voting requirement for directors.PART 11. MERGERS AND SHARE EXCHANGES
47-1A-1021. Bylaw increasing quorum or voting requirement for directors. A bylaw that increases a quorum or voting requirement for the board of directors may be amended or repealed:
(1) If originally adopted by the
shareholders, only by the shareholders, unless the bylaw otherwise
provides;
(2) If adopted by the board of directors,
either by the shareholders or by the board of
directors.
A bylaw
adopted or amended by the shareholders that increases a quorum or
voting requirement for the board of directors may provide that it
can be amended or repealed only by a specified vote of either the
shareholders or the board of directors.
Action by
the board of directors under this section to amend or repeal a
bylaw that changes the quorum or voting requirement for the board
of directors must meet the same quorum requirement and be adopted
by the same vote required to take action under the quorum and
voting requirement then in effect or proposed to be adopted,
whichever is greater.
Source: SL 2005, ch 239, § 247.
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