Action on plan of merger by constituent limited liability company

SDCL § 47-34A-903 — under UNIFORM LIMITED LIABILITY COMPANY ACT.

SDCL § 47-34A-903

(a) Subject to § 47-34A-914 , a plan of merger must be consented to by all the members of a constituent limited liability company. (b) Subject to § 47-34A-914 and any contractual rights, after a merger is approved, and at any time before articles of merger are delivered to the secretary of state for filing under § 47-34A-904 , a constituent limited liability company may amend the plan or abandon the merger: (1) As provided in the plan; or (2) Except as otherwise prohibited in the plan, with the same consent as was required to approve the plan. Source: SL 1998, ch 272 , § 903; SL 2013, ch 233 , § 17.