S.D. Codified Laws § 47-21-27

Current through the 2024 Legislative Session

Section 47-21-27 - Majority vote required for approval-Articles of consolidation-Contents of articles-Affidavit of compliance

If the proposed consolidation and the proposed articles of consolidation, with any amendments, are approved by the affirmative vote of a majority of those members of each consolidating cooperative voting thereon at each such meeting, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of consolidation shall recite that they are executed pursuant to this chapter and shall state:

(1) The name of each consolidating cooperative and the address of its principal office;

(2) The name of the new cooperative and the address of its principal office;

(3) A statement that each consolidating cooperative agrees to the consolidation;

(4) The names and addresses of the directors of the new cooperative; and

(5) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner in which members of the consolidating cooperatives may or shall become members of the new cooperative;

and may contain any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business of the new cooperative. The president or vice-president of each consolidating cooperative executing such articles of consolidation shall make and annex thereto an affidavit stating that the provisions of this section and § 47-21-26 in respect of such articles were duly complied with by such cooperative.

SDCL 47-21-27

SL 1947, ch 33, § 17; SDC Supp 1960, § 11.2217 (2); SL 1994, ch 350, § 1.