Abolition or limitation of right of inspection prohibited--Application

SDCL § 47-1A-1602.3 — under SOUTH DAKOTA BUSINESS CORPORATION ACT.

SDCL § 47-1A-1602.3

The right of inspection granted by §§ 47-1A-1602 to 47-1A-1602.2 , inclusive, may not be abolished or limited by a corporation's articles of incorporation or bylaws. The provisions of this section do not affect: (1) The right of a shareholder to inspect records under § 47-1A-720 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant; (2) The power of a court, independently of this chapter, to compel the production of corporate records for examination. For purposes of §§ 47-1A-1602 to 47-1A-1602.3 , inclusive, the term, shareholder, includes a beneficial owner whose shares are held in a voting trust or by a nominee on his behalf. Source: SL 2005, ch 239 , § 376.