South Dakota Codified Laws 47-34A-908. Filings required for conversion–Effective date
(a) After a plan of conversion is approved:
(1) A converting limited liability company shall deliver to the secretary of state for filing articles of conversion, which must be signed as provided in § 47-34A-205 and must include:
Terms Used In South Dakota Codified Laws 47-34A-908
- Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See South Dakota Codified Laws 47-34A-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(A) A statement that the limited liability company has been converted into another organization;
(B) The name and form of the organization and the jurisdiction of its governing statute;
(C) The date the conversion is effective under the governing statute of the converted organization;
(D) A statement that the conversion was approved as required by this chapter;
(E) A statement that the conversion was approved as required by the governing statute of the converted organization; and
(F) If the converted organization is a foreign organization not authorized to transact business in this state, the street and mailing addresses of an office which the secretary of state may use for the purposes of § 47-34A-909(c); and
(2) If the converting organization is not a converting limited liability company, the converting organization shall deliver to the secretary of state for filing a certificate of organization, which must include, in addition to the information required by § 47-34A-203(a):
(A) A statement that the converted organization was converted from another organization;
(B) The name and form of that converting organization and the jurisdiction of its governing statute; and
(C) A statement that the conversion was approved in a manner that complied with the converting organization’s governing statute.
(b) A conversion becomes effective:
(1) If the converted organization is a limited liability company, when the certificate of organization takes effect; and
(2) If the converted organization is not a limited liability company, as provided by the governing statute of the converted organization.
Source: SL 2010, ch 218, § 9; SL 2013, ch 233, § 22; SL 2021, ch 198, § 1.