§ 58-5-55 Meetings of stockholders or members--Organization for transaction of business, quorum required.

SD Codified L § 58-5-55 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

58-5-55. Meetings of stockholders or members--Organization for transaction of business, quorum required. A stockholders' or members' meeting duly held can be organized for the transaction of business whenever a quorum is present. Unless otherwise provided in the bylaws or articles of incorporation:

(1) The presence, in person or by proxy, of the holders of not less than ten percent of the voting power of all stockholders or of all members shall constitute a quorum;

(2) The stockholders or members present at a duly organized meeting can continue to do business until adjournment, notwithstanding the withdrawal of enough stockholders or members to leave less than a quorum;

(3) If any necessary officer fails to attend such meeting, any stockholder or member present may be elected to act temporarily in lieu of any such absent officer;

(4) In the absence of a quorum, those present may adjourn the meeting to such time as they may determine; and

(5) An annual or special meeting of stockholders or members may be adjourned to another date without a new notice being given.Source: SL 1966, ch 111, ch 16, § 18 (6).

Previous Section

§ 58-5-54 Place for holding meetings of stockholders or members--Waiver.

Next Section

§ 58-5-56 Amendment of articles of incorporation at meeting of stockholders or members--Notice of meeting.