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S.D. Codified Laws § 47-34A-1103

Proper plaintiff

Known as the South Dakota Limited Liability Company Act

The act spans §§ 47-34A-1001 to 47-34A-915 (113 sections).

Source: SL 1998, ch 272, § 1103; SL 2013, ch 233, § 41.

(a) Except as otherwise provided in subsection (b), a derivative action under § 47-34A-1102 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.

(b) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.