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2019 South Dakota Codified Laws
Title 47 - Corporations
Chapter 21 - Rural Electric Cooperatives
- § 47-21-1 Definitions.
- § 47-21-2 Purpose and authority.
- § 47-21-3 Name of cooperative--Exceptions.
- § 47-21-4 Exclusive use of particular words.
- § 47-21-5 Requirement that name be distinct.
- § 47-21-6 Incorporators--Requisites and qualifications.
- § 47-21-7 Articles of incorporation--Unnecessary recitals--Signing of articles.
- § 47-21-8 Amendment of articles--Procedure--Two-thirds vote required.
- § 47-21-9 Required recitals in amendment--Affidavit of compliance.
- § 47-21-10 Board of directors--Bylaws--Meetings by teleconference.
- § 47-21-11 Compensation of directors.
- § 47-21-12 First directors--Term of office.
- § 47-21-13 Election of directors--Maximum term of office.
- § 47-21-14 Quorum of directors.
- § 47-21-15 Husband and wife as directors.
- § 47-21-16 Powers of board of directors.
- § 47-21-17 Directors not disqualified from acknowledging instruments.
- § 47-21-18 Adoption of first bylaws by directors--Subsequent bylaws adopted by members.
- § 47-21-19 Provisions of bylaws.
- § 47-21-20 Bylaw provision dividing area served into districts--Election of directors by districts--District meetings--Proxy voting prohibited.
- § 47-21-21 Officers--Election and qualifications--Removal of officers.
- § 47-21-21.1 Repealed.
- § 47-21-21.2 Indemnification of directors, officers, agents, and employees against liability under certain circumstances.
- § 47-21-21.3 Circumstances under which directors, officers, agents, and employees may not be indemnified.
- § 47-21-21.4 Indemnification of successful director, officer, agent, or employee for expenses incurred in proceeding.
- § 47-21-22 Conversion of corporation into cooperative.
- § 47-21-23 Submission of conversion proposition to stockholders--Notice of meeting.
- § 47-21-24 Two-thirds vote required for approval--Articles of conversion--Contents of articles--Affidavit of compliance.
- § 47-21-25 Consolidating cooperatives.
- § 47-21-26 Submission of consolidation proposition to members--Notice of meeting.
- § 47-21-27 Majority vote required for approval--Articles of consolidation--Contents of articles--Affidavit of compliance.
- § 47-21-28 Merging cooperatives.
- § 47-21-29 Submission of merger proposition to members--Notice of meeting.
- § 47-21-30 Majority vote required for approval--Articles of merger--Contents of articles--Affidavit of compliance.
- § 47-21-31 Articles of consolidation as governing consolidated cooperative--Articles of surviving cooperative as governing merged cooperative.
- § 47-21-32 Transfer of rights and obligations to surviving cooperative.
- § 47-21-33 Liabilities after consolidation or merger--Preexisting claims--Substitution of parties.
- § 47-21-34 Rights of creditors and lienors unaffected by consolidation or merger.
- § 47-21-35 Dissolution before commencement of business--Articles of dissolution--Majority approval required--Contents of articles.
- § 47-21-36 Dissolution after commencement of business.
- § 47-21-37 Submission of dissolution proposition to members--Majority vote required.
- § 47-21-38 Certificate of election to dissolve--Contents of certificate--Submission to secretary of state.
- § 47-21-39 Cessation of business--Continuance of corporate existence--Notice to creditors--Publication.
- § 47-21-40 Liquidation of affairs of cooperative--Distribution of assets--Rights of patrons--Rights of members--Distribution of remains.
- § 47-21-41 Articles of dissolution--Contents of articles.
- § 47-21-42 Delivery of articles to secretary of state--Fees--Effective date of action--Certificates of election to dissolve.
- § 47-21-43 Fee schedule of secretary of state.
- § 47-21-44 Encumbering cooperative property in favor of governmental agency permitted.
- § 47-21-45 Circumstances under which property may be transferred--Majority vote required--Transfer to security holders.
- § 47-21-46 Place of recordation of encumbrance.
- § 47-21-46.1 Filing and recording of trust deed or mortgage in Office of Secretary of State--Effect.
- § 47-21-46.2 Filing required under chapter 57A-9 to be maintained in Office of Secretary of State--Contents of financing statement--Termination of effectiveness.
- § 47-21-46.3 Filing of mortgage or trust deed covering less than fee simple interest--Effect--Termination--Sufficiency of description.
- § 47-21-46.4 Applicability of other laws--Single filing--Index.
- § 47-21-46.5 Assignment or discharge of trust deed or mortgage.
- § 47-21-46.6 Filing fee.
- § 47-21-47 After-acquired property as subject to encumbrance--Recordation as notice.
- § 47-21-48 Encumbrance against personal property--Continuance of lien without refiling.
- § 47-21-49 Members of cooperatives--Qualifications.
- § 47-21-50 Use of electric energy required--Failure to make energy available.
- § 47-21-51 Husband and wife as members--Membership not transferable--Additional qualifications of members.
- § 47-21-52 Liability of members for acts of cooperative.
- § 47-21-53 Annual members' meeting.
- § 47-21-54 Special meetings for members--Procedure for calling.
- § 47-21-55 Notice of meeting--Contents of notice--Method of giving notice.
- § 47-21-56 Quorum for members' meetings--Quorum for district meeting--Adjournment for failure of quorum.
- § 47-21-57 Voting by members--Spouse voting for member--Mail voting.
- § 47-21-58 Waiver of notice--Attendance as waiver--Exceptions.
- § 47-21-59 Powers of cooperative--Capacity to sue and be sued.
- § 47-21-60 Powers of cooperative--Perpetual existence.
- § 47-21-61 Powers of cooperative--Corporate seal.
- § 47-21-62 Powers of cooperative--Generation and distribution of electric energy.
- § 47-21-63 Powers of cooperative--Dealing in property and equipment.
- § 47-21-64 Powers of cooperative--Franchises, licenses and easements.
- § 47-21-65 Powers of cooperative--Borrowing--Security for borrowing.
- § 47-21-66 Powers of cooperative--Construction and maintenance of facilities on public lands.
- § 47-21-67 Powers of cooperative--Eminent domain.
- § 47-21-68 Powers of cooperative--Joining other cooperatives.
- § 47-21-69 Powers of cooperative--Extraterritorial powers.
- § 47-21-70 Powers of cooperative--Bylaws.
- § 47-21-71 Powers of cooperative--Other powers.
- § 47-21-72 Requirement that cooperative be nonprofit--Disposition of revenues.
- § 47-21-72.1 Directors not liable for distribution in good faith reliance on financial statements or accountants' reports.
- § 47-21-73 Municipal corporation or county grant to use public streets.
- § 47-21-74 Foreign cooperatives--Conditions to local operation--Statement to secretary of state--Contents of statement.
- § 47-21-75 Construction to comply with National Electrical Safety Code--Compliance establishes due care in negligence claim.
- § 47-21-76 Change of location of principal office--Certificate to secretary of state.
- § 47-21-77 Securities regulation laws inapplicable.
- § 47-21-78 Construction of chapter.
- § 47-21-79 Limitation of actions.
- § 47-21-80 Severability and saving clause.
- § 47-21-81 Citation of chapter.
- § 47-21-82 Cooperatives able to use property and funds to promote economic development and may lend money--Restrictions on loans.
- § 47-21-83 Forfeiture of unclaimed credits.
- § 47-21-84 Application of South Dakota's Public Communications Network Infrastructure.
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