§ 47-33-13 Redemption of shares in absence of information statement or negative vote by shareholders.

SD Codified L § 47-33-13 (2019) (N/A)

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47-33-13. Redemption of shares in absence of information statement or negative vote by shareholders. Unless otherwise expressly provided in the articles of a domestic public corporation before a control share acquisition has occurred, the domestic public corporation shall have the option to call for redemption of all but not less than all shares referred to in § 47-33-8 acquired in a control share acquisition, at a redemption price equal to the market value of the shares at the time of the call for redemption, in the event:

(1) An information statement has not been delivered to the domestic public corporation by the acquiring person by the tenth day after the control share acquisition; or

(2) An information statement has been delivered but the shareholders have voted not to accord voting rights to such shares pursuant to § 47-33-12.

The call for redemption shall be given by the domestic public corporation within thirty days after the domestic public corporation has knowledge of the event giving the domestic public corporation the option to call the shares for redemption and the shares shall be redeemed within sixty days after the call is given.

Source: SL 1990, ch 369, § 206.

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§ 47-33-12 Voting rights of shares acquired in control share acquisition.

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§ 47-33-14 Right to demand fair value of voting shares--Notice of right of demand.