South Dakota Codified Laws 47-34A-205. Signing of records
(a) Except as otherwise provided in this chapter a record to be filed by or on behalf of a limited liability company in the Office of the Secretary of State must be signed in the name of the company by a:
(1) Manager of a manager–managed company;
Terms Used In South Dakota Codified Laws 47-34A-205
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- Manager: means a person, whether or not a member of a manager-managed company, who is vested with authority under section 301. See South Dakota Codified Laws 47-34A-101
- Member: means a person that:
(A) Prior to formation of the limited liability company, becomes a member as agreed by that person and the organizer of the limited liability company. See South Dakota Codified Laws 47-34A-101
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Trustee: A person or institution holding and administering property in trust.
(2) Member of a member–managed company;
(3) Person organizing the company, if the company has not been formed; or
(4) Fiduciary, if the company is in the hands of a receiver, trustee, or other court–appointed fiduciary.
(b) A record signed under subsection (a) must state adjacent to the signature the name and capacity of the signer.
(c) Any person may sign a record to be filed under subsection (a) by an attorney–in–fact. Powers of attorney relating to the signing of records to be filed under subsection (a) by an attorney–in–fact need not be filed in the Office of the Secretary of State as evidence of authority by the person filing but must be retained by the company.
Source: SL 1998, ch 272, § 205.