South Dakota Codified Laws 47-1A-1602.3. Abolition or limitation of right of inspection prohibited–Application
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The right of inspection granted by §§ 47-1A-1602 to 47-1A-1602.2, inclusive, may not be abolished or limited by a corporation‘s articles of incorporation or bylaws.
The provisions of this section do not affect:
Terms Used In South Dakota Codified Laws 47-1A-1602.3
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(1) The right of a shareholder to inspect records under § 47-1A-720 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant;
(2) The power of a court, independently of this chapter, to compel the production of corporate records for examination.
For purposes of §§ 47-1A-1602 to 47-1A-1602.3, inclusive, the term, shareholder, includes a beneficial owner whose shares are held in a voting trust or by a nominee on his behalf.
Source: SL 2005, ch 239, § 376.