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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 47-1A-861.1: Judicial action--Director's conflicting interest transaction.

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Where this section sits in the code
  1. TITLE 47. CORPORATIONS
  2. CHAPTER 47-1A. SOUTH DAKOTA BUSINESS CORPORATION ACT

A director's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in a proceeding by a shareholder or by or in the right of the corporation, because the director, or any person with whom or which the director has a personal, economic, or other association, has an interest in the transaction, if:

(1) Directors' action respecting the transaction was at any time taken in compliance with §§ 47-1A-862 to 47-1A-862.3, inclusive;

(2) Shareholders' action respecting the transaction was at any time taken in compliance with §§ 47-1A-863 to 47-1A-863.3, inclusive; or

(3) The transaction, judged according to the circumstances at the time of commitment, is established to have been fair to the corporation.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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