Standing

SDCL § 47-1A-741 — under SOUTH DAKOTA BUSINESS CORPORATION ACT.

SDCL § 47-1A-741

No shareholder may commence or maintain a derivative proceeding unless the shareholder: (1) Was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time; and (2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation. Source: SL 2005, ch 239 , § 124.