S.D. Codified Laws § 47-1A-1522

Current through the 2024 Legislative Session

Section 47-1A-1522 - Withdrawal upon conversion to a nonfiling entity

A foreign business corporation authorized to transact business in this state that converts to a domestic or foreign nonfiling entity shall apply for a certificate of withdrawal by delivering an application to the secretary of state for filing. The application must set forth:

(1) The name of the foreign business corporation and the name of the state or country under whose law it was incorporated before the conversion;

(2) That it surrenders its authority to transact business in this state as a foreign business corporation;

(3) The type of unincorporated entity to which it has been converted and the jurisdiction whose laws govern its internal affairs;

(4) If it has been converted to a foreign unincorporated entity:

(a) That it revokes the authority of its registered agent to accept service on its behalf; and

(b) The address of the entity's principal office.

After the withdrawal under this section of a corporation that has converted to a foreign unincorporated entity is effective, service of process is perfected pursuant to § 47-1A-1510.

After the withdrawal under this section of a corporation that has converted to a domestic unincorporated entity is effective, service of process shall be made on the unincorporated entity in accordance with the regular procedures for service of process on the form of unincorporated entity to which the corporation was converted.

SDCL 47-1A-1522

SL 2005, ch 239, §365.