Notwithstanding § 47-22-69, the fact that a corporation is without capacity or power to do an act or to make or receive a conveyance or transfer of real or personal property may be asserted in a proceeding by the attorney general, as provided in chapter 47-26, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the attorney general.
S.D. Codified Laws § 47-22-72
Circumstances under which ultra vires may be asserted--Actions by attorney general to dissolve or enjoin corporation
Known as the South Dakota Nonprofit Corporation Act
The act spans §§ 47–47 (90 sections).
Source: SL 1965, ch 24, § 6 (3).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.