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S.D. Codified Laws § 47-34A-903

Action on plan of merger by constituent limited liability company

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, § 903; SL 2013, ch 233, § 17.

(a) Subject to § 47-34A-914, a plan of merger must be consented to by all the members of a constituent limited liability company.

(b) Subject to § 47-34A-914 and any contractual rights, after a merger is approved, and at any time before articles of merger are delivered to the secretary of state for filing under § 47-34A-904, a constituent limited liability company may amend the plan or abandon the merger:

(1) As provided in the plan; or

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

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