Unless the articles of incorporation provide that a change in the number of directors shall be made only by amendment to the articles of incorporation, a change in the number of directors made by amendment to the bylaws shall be controlling. In all other cases, whenever a provision of the articles of incorporation is inconsistent with a bylaw, the provision of the articles of incorporation shall be controlling.
S.D. Codified Laws § 47-22-34
Changing number of board of directors--Bylaws controlling absent provision in articles
Known as the South Dakota Nonprofit Corporation Act
The act spans §§ 47–47 (90 sections).
Source: SL 1965, ch 24, § 31.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.