If a majority of the board of directors does not consist of independent directors at the time the determination is made, the corporation shall have the burden of proving that the requirements of § 47-1A-744 have been met. If a majority of the board of directors consists of independent directors at the time the determination is made, the plaintiff has the burden of proving that the requirements of § 47-1A-744 have not been met.

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Terms Used In South Dakota Codified Laws 47-1A-744.4

  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

Source: SL 2005, ch 239, § 131.