State of South Dakota
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EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 |
229T0499 | HOUSE JOINT RESOLUTION NO. 1001 |
Introduced by: Representatives Lust, Abdallah, Feinstein, Gosch, Hunt, and Rausch and
Senators Cutler, Gray, and Tieszen
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shall have the authority and responsibility to enact laws governing the operation and dissolution
of corporations.
Section 3. That at the next general election held in the state, the following amendment to
Article XVII, section 5 of the Constitution of the State of South Dakota, as set forth in section
4 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the
state for approval.
Section 4. That Article XVII, section 5 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 5. In all elections for directors or managers of a corporation, each member or shareholder
may cast the whole number of his votes for one candidate, or distribute them upon two or more
candidates, as he may prefer votes in the manner provided in the corporate articles and bylaws.
Section 5. That at the next general election held in the state, the following amendment to
Article XVII, section 8 of the Constitution of the State of South Dakota, as set forth in section
6 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the
state for approval.
Section 6. That Article XVII, section 8 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 8. No corporation shall issue stocks or bonds except for money, labor done, or money or
property actually received, or for the reasonable value of other contribution to the corporation;
and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of
corporations shall not be increased except in pursuance of general law, nor without the consent
of the persons holding the larger amount in value of the stock first obtained, at a meeting to be
held after sixty days notice given in pursuance of law the manner as provided in the corporate
articles and bylaws.