South Dakota Codified Laws 47-1A-745. Discontinuance or settlement
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A derivative proceeding may not be discontinued or settled without the court’s approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the corporation‘s shareholders or a class of shareholders, the court shall direct that notice be given to the shareholders affected.
Terms Used In South Dakota Codified Laws 47-1A-745
- 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.
- Proceeding: includes civil suit and criminal, administrative, and investigatory action. See South Dakota Codified Laws 47-1A-140
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Source: SL 2005, ch 239, § 133.