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§ 58-35-71 Liabilities and obligations of surviving or new corporation.

SD Codified L § 58-35-71 (2019) (N/A)
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58-35-71. Liabilities and obligations of surviving or new corporation. If a merger or consolidation has been effected pursuant to this chapter:

(1) The surviving or new corporation is thenceforth responsible and liable for all the liabilities and obligations of each of the corporations so merged; and

(2) Any claim existing or action or proceeding pending by or against any of the corporations may be prosecuted as if the merger had not taken place, or the surviving or new corporation may be substituted in its place.

Neither the rights of creditors nor any liens upon the property of any such corporation may be impaired by the merger or consolidation.

Source: SL 1995, ch 293, § 12.

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§ 58-35-72 Articles of incorporation of surviving corporation amended by plan of merger.