South Dakota Codified Laws 48-7-301. Admission of limited partners
(a) A person becomes a limited partner on the later of:
(1) The date the original certificate of limited partnership is filed; or
Terms Used In South Dakota Codified Laws 48-7-301
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The date stated in the records of the limited partnership as the date that person becomes a limited partner.
(b) After the filing of a limited partnership’s original certificate of limited partnership, a person may be admitted as an additional limited partner:
(1) In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all partners; and
(2) In the case of an assignee of a partnership interest of a partner who has the power, as provided in § 48-7-704, to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power.
Source: SL 1986, ch 391, §§ 301(a), 301(b).