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S.D. Codified Laws § 47-34A-908

Filings required for conversion--Effective date

Known as the South Dakota Limited Liability Company Act

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

Source: SL 2010, ch 218, § 9; SL 2013, ch 233, § 22; SL 2021, ch 198, § 1.

(a) After a plan of conversion is approved:

(1) A converting limited liability company shall deliver to the secretary of state for filing articles of conversion, which must be signed as provided in § 47-34A-205 and must include:

(A) A statement that the limited liability company has been converted into another organization;

(B) The name and form of the organization and the jurisdiction of its governing statute;

(C) The date the conversion is effective under the governing statute of the converted organization;

(D) A statement that the conversion was approved as required by this chapter;

(E) A statement that the conversion was approved as required by the governing statute of the converted organization; and

(F) If the converted organization is a foreign organization not authorized to transact business in this state, the street and mailing addresses of an office which the secretary of state may use for the purposes of § 47-34A-909(c); and

(2) If the converting organization is not a converting limited liability company, the converting organization shall deliver to the secretary of state for filing a certificate of organization, which must include, in addition to the information required by § 47-34A-203(a):

(A) A statement that the converted organization was converted from another organization;

(B) The name and form of that converting organization and the jurisdiction of its governing statute; and

(C) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.

(b) A conversion becomes effective:

(1) If the converted organization is a limited liability company, when the certificate of organization takes effect; and

(2) If the converted organization is not a limited liability company, as provided by the governing statute of the converted organization.

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