(a) A plan of domestication must be consented to:

(1) By all the members, subject to § 47-34A-912, if the domesticating company is a limited liability company; and

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Terms Used In South Dakota Codified Laws 47-34A-911

  • Foreign limited liability company: means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. See South Dakota Codified Laws 47-34A-101
  • Statute: A law passed by a legislature.

(2) As provided in the domesticating company’s governing statute, if the company is a foreign limited liability company.

(b) Subject to any contractual rights, after a domestication is approved, and at any time before articles of domestication are delivered to the secretary of state for filing under § 47-34A-912, a domesticating limited liability company may amend the plan or abandon the domestication:

(1) As provided in the plan; or

(2) Except as otherwise prohibited in the plan, by the same consent as was required to approve the plan.

Source: SL 2010, ch 218, § 12; SL 2013, ch 233, § 25.