22.377.11 97th Legislative Session 292
ENTITLED An Act to consolidate certain domestication provisions in the Uniform Limited Liability Company Act.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 47-34A-912 be AMENDED:
47-34A-912. (a) After a plan of domestication is approved, a domesticating company shall deliver to the secretary of state for filing articles of domestication, which must include:
(1) A statement, as the case may be, that the company has been domesticated from or into another jurisdiction;
(2) The name of the domesticating company and the jurisdiction of its governing statute;
(3) The name of the domesticated company and the jurisdiction of its governing statute;
(4) The date the domestication is effective under the governing statute of the domesticated company;
(5) If the domesticating company was a limited liability company, a statement that the domestication was approved as required by this chapter;
(6) If the domesticating company was a foreign limited liability company, a statement that the domestication was approved as required by the governing statute of the other jurisdiction;
(7) If the domesticated company was a foreign limited liability company not authorized to transact business in this state, the street and mailing addresses of an office that the secretary of state may use for the purposes of § 47-34A-913(b); and
(8) If the domesticated company was a foreign limited liability company, articles of organization that comply with the requirements of § 47-34A-203.
(b) A domestication becomes effective:
(1) When the certificate of organization takes effect, if the domesticated company is a limited liability company; and
(2) According to the governing statute of the domesticated company, if the domesticated organization is a foreign limited liability company.
Section 2. That § 47-34A-1010 be REPEALED.
Section 3. That § 47-34A-1011 be REPEALED.
Section 4. That § 47-34A-1012 be REPEALED.
Section 5. That § 47-34A-1013 be REPEALED.
Section 6. That § 47-34A-1014 be REPEALED.
Section 7. That § 47-34A-1015 be REPEALED.
Section 8. That § 47-34A-1016 be REPEALED.
An Act to consolidate certain domestication provisions in the Uniform Limited Liability Company Act.
I certify that the attached Act originated in the:
Speaker of the House
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2022 at ____________M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2022
Filed ____________, 2022
at _________ o'clock __M.
Secretary of State
Asst. Secretary of State