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§ 47-1A-831.2 Limitations on the effect of §§ 47-1A-831 and 47-1A-831.1.

SD Codified L § 47-1A-831.2 (2019) (N/A)
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47-1A-831.2. Limitations on the effect of §§ 47-1A-831 and 47-1A-831.1. Nothing contained in §§ 47-1A-831 and 47-1A-831.1:

(1) In any instance where fairness is at issue, such as consideration of the fairness of a transaction to the corporation under subdivision 47-1A-861.1(3), alters the burden of proving the fact or lack of fairness otherwise applicable;

(2) Alters the fact or lack of liability of a director under another section of this chapter, such as the provisions governing the consequences of an unlawful distribution under §§ 47-1A-833 and 47-1A-833.1, or a transactional interest under §§ 47-1A-861 and 47-1A-861.1; or

(3) Affects any rights to which the corporation or a shareholder may be entitled under another statute of this state or the United States.Source: SL 2005, ch 239, § 161.

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