South Dakota Codified Laws 47-1A-1101. Definitions
Terms used in §§ 47-1A-1101 to 47-1A-1108, inclusive, mean:
(1) “Merger,” a business combination pursuant to §§ 47-1A-1102 to 47-1A-1102.5, inclusive;
Terms Used In South Dakota Codified Laws 47-1A-1101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Entity: includes domestic and foreign business corporation. See South Dakota Codified Laws 47-1A-140
(2) “Party to a merger” or “party to a share exchange,” any domestic or foreign corporation or eligible entity that will:
(a) Merge under a plan of merger;
(b) Acquire shares or eligible interests of another corporation or an eligible entity in a share exchange; or
(c) Have all of its shares or eligible interests or all of one or more classes or series of its shares or eligible interests acquired in a share exchange;
(3) “Share exchange,” a business combination pursuant to §§ 47-1A-1103 to 47-1A-1103.5, inclusive;
(4) “Survivor,” in a merger means the corporation or eligible entity into which one or more other corporations or eligible entities are merged. A survivor of a merger may preexist the merger or be created by the merger.
Source: SL 2005, ch 239, § 248.