Appointment of panel to make determination--Burden of proof

SDCL § 47-1A-744.5 — under SOUTH DAKOTA BUSINESS CORPORATION ACT.

SDCL § 47-1A-744.5

The court may appoint a panel of one or more independent persons upon motion by the corporation to make a determination whether the maintenance of the derivative proceeding is in the best interests of the corporation. In such case, the plaintiff has the burden of proving that the requirements of § 47-1A-744 have not been met. Source: SL 2005, ch 239 , § 132.