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S.D. Codified Laws § 47-34A-803

Right to wind up the limited liability company's business

Known as the South Dakota Limited Liability Company Act

The act spans §§ 47–47 (113 sections).

Applied in 1 court decision — leading case MacH v. Connors (2022)

Most recently applied in MacH v. Connors (August 2022)

Source: SL 1998, ch 272, § 803.

(a) After dissolution, a member who has not wrongfully dissociated may participate in winding up a limited liability company's business, but on application of any member, member's legal representative, or transferee, the circuit court, for good cause shown, may order judicial supervision of the winding up.

(b) A legal representative of the last surviving member may wind up a limited liability company's business.

(c) A person winding up a limited liability company's business may preserve the company's business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal, or administrative, settle and close the company's business, dispose of and transfer the company's property, discharge the company's liabilities, distribute the assets of the company pursuant to § 47-34A-806, settle disputes by mediation or arbitration, and perform other necessary acts.

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