Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-33-1 Incorporation of company--Articles of incorporation--Perpetual existence--Reinstatement of articles as amended
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Any number of persons, not less than three, may form a corporation for the purpose of constructing, maintaining and operating a street railway or railways or for the purpose of generating, transmitting or distributing electricity, the same to be sold to or used by the public for …
SDCL § 49-33-10 Powers of corporation--Right - of - way--Condemnation of land--Alteration of roadways--Expenses
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Every corporation organized under this chapter shall have power to lay out its road not exceeding fifty feet in width and construct the same, and for such purpose to obtain gravel or other material for its cuttings and embankments; to take so much land as may be necessary for the…
SDCL § 49-33-11 Powers of corporation--Connection with other facilities--Use of facilities--Accessory facilities
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Every corporation organized under this chapter shall have power to cross, join, or unite its railroad with any street or other railroad now or hereafter constructed and to contract with such railroad for the transportation of its cars over its lines; to take and convey persons or…
SDCL § 49-33-12 Powers of corporation--Rules and regulations--Rates--Discrimination prohibited
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Every corporation organized under this chapter shall have power to regulate the time and manner in which passengers and property shall be transported and the compensation to be paid therefor, but in so doing no preference, advantage, or monopoly shall be given to any person, comp…
SDCL § 49-33-13 Powers of corporation--Extraterritorial powers
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Every corporation organized under this chapter shall have power to exercise all its rights, franchises, and privileges in any other state of the United States and to accept from any other state into which its railroad, electric light, or power line is extended additional and othe…
SDCL § 49-33-14 Board of directors--Election and term of office--Voting for directors--Vacancies
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There shall be a board of not less than three directors, and such greater number as the bylaws shall designate, to manage the business and affairs of such corporation, who shall be elected at such time, in such manner and for such terms as shall be prescribed by its bylaws and sh…
SDCL § 49-33-14.1 Bylaws--Adoption, amendment or repeal by board
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The bylaws of a corporation organized under chapter 49-33 shall be initially adopted and may be altered, amended or repealed thereafter by the board of directors. Source: SL 1986, ch 396 , § 2.
SDCL § 49-33-14.2 Annual and special meetings of stockholders--Quorum--Notice
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All annual and special meetings of stockholders of a corporation organized under chapter 49-33 shall be called by the board of directors. The quorum required for such meetings shall be set forth in the bylaws of the corporation. Written notice stating the place, day and hour of t…
SDCL § 49-33-15 Director as stockholder--Minimum stock ownership
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No person shall be a director of a corporation organized under this chapter unless he is a stockholder thereof owning absolutely in his own right, or as trustee or personal representative, at least ten shares of the capital stock of such corporation and must be duly qualified to …
SDCL § 49-33-16 Repealed by SL 1986, ch 396 , § 5
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49-33-17 Officers of corporation. 49-33-18 Books and records--Exhibition to stockholders--Right to examine by certain stockholders. 49-33-19 Capital stock subscription. 49-33-20 Failure to pay for subscription--Collection by directors--Forfeiture of amounts previously paid. 49-33…
SDCL § 49-33-17 Officers of corporation
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The directors shall appoint a president and vice - president; they may also appoint a secretary, treasurer, and such other officers or agents as are prescribed by the bylaws. Source: SDC 1939, § 52.1505; SL 1986, ch 396 , § 6.
SDCL § 49-33-18 Books and records--Exhibition to stockholders--Right to examine by certain stockholders
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The books and records of account and minutes of a corporation organized under this chapter shall be exhibited to its stockholders at every stockholders' meeting, if a majority of those present require it. Any person or group of persons who are the holders of record of at least te…
SDCL § 49-33-19 Capital stock subscription
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When a certificate is issued pursuant to § 49-33-4 , the directors of such corporation may, in case the whole of the capital stock shall not have been before subscribed, open books of subscription to fill up the capital stock at such places and upon such notice as they may deem e…
SDCL § 49-33-2 Provisions applicable to gas companies
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All of the provisions of this chapter and chapter 49-34 shall apply to corporations organized for the purpose of manufacturing, producing, supplying, or transporting gas, natural or artificial, and such corporation shall possess and may exercise and enjoy, as to organization, con…
SDCL § 49-33-20 Failure to pay for subscription--Collection by directors--Forfeiture of amounts previously paid
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The directors may require any amounts unpaid upon the capital stock to be paid in such manner, at such times and in such installments as they may deem proper. If any stockholder shall neglect to pay any installment of such capital stock as required by a resolution of the board of…
SDCL § 49-33-21 Transfer of stock--Stock deemed personal property
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The stock of every corporation organized under this chapter is deemed personal property and is transferable in the manner prescribed by its bylaws, and subject to the provisions of §§ 57A-8-301 to 57A-8-307 , inclusive and 57A-8-401 to 57A-8-407 , inclusive, but no share is trans…
SDCL § 49-33-22 Increase in capital stock and amendment of articles of incorporation--Majority vote or greater required
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The capital stock of any corporation organized under this chapter may be increased to such an amount as may, by its stockholders, be deemed necessary, and the articles of incorporation may be amended by the vote of the owners of a majority of its capital stock, or such greater pr…
SDCL § 49-33-23 Issuance of preferred stock
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Notwithstanding the provisions of §§ 47-1A-601 to 47-1A-640.5 , inclusive, a corporation, now or hereafter formed under the provisions of this chapter may provide in its articles of incorporation, or in any amendment thereof, for the issuance of preferred stock in series and auth…
SDCL § 49-33-24 Series of preferred stock--Characteristics of stock--Dividends--Voting powers
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Upon the adoption or amendment of the articles of incorporation to include the provisions authorized by § 49-33-23 , the board of directors may cause such preferred stock to be issued in one or more series, in such amounts and with such terms and characteristics, (within such pre…
SDCL § 49-33-25 Certificate of issuance of preferred stock--Filing with secretary of state
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Upon the creation of any series of preferred stock pursuant to § 49-33-24 and before the issuance of any shares thereof, the number of shares of such series and the designation, characteristics, and terms thereof provided for in such resolution or resolutions shall be set forth i…
SDCL § 49-33-26 Increasing or decreasing preferred stock--Resolution of directors
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Unless otherwise provided in any resolution or resolutions pursuant to § 49-33-24 the number of shares of stock of any series set forth in such resolution or resolutions may be increased or decreased (but not below the number of shares thereof then outstanding) by a certificate m…
SDCL § 49-33-27 Liability of stockholders--Stock held by fiduciary or as collateral security
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No person holding stock in any corporation organized under this chapter as personal representative, conservator, or trustee, and no person holding such stock as collateral security, is liable as stockholder of such corporation for any calls or installments on any partially paid-u…
SDCL § 49-33-28 Holding of stock in other corporations
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Any corporation organized under this chapter may purchase, take, and hold all or any part of the property, rights, privileges, and franchises of any other corporation, foreign or domestic, organized for the purpose of operating any street railway by electric power or for the purp…
SDCL § 49-33-29 Repealed by SL 1986, ch 396 , § 10
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49-33-30 Consolidation or merger with other corporations--Approval of plan. 49-33-31 Articles of incorporation requiring greater vote control.
SDCL § 49-33-3 Affidavit of incorporators--Contents--Filing with secretary of state--Fee of secretary
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There shall be annexed to the articles of incorporation described by § 49-33-1 an affidavit, signed by at least three of the incorporators therein, setting forth that the signatures thereto are genuine and that it is intended in good faith to construct or maintain and operate the…
SDCL § 49-33-30 Consolidation or merger with other corporations--Approval of plan
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Any corporation organized under chapter 49-33 may merge with any one or more other corporations, domestic or foreign, into a single corporation, which may be any one of the constituent corporations, or may consolidate with any such corporations into a new corporation formed by th…
SDCL § 49-33-31 Articles of incorporation requiring greater vote control
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If, with respect to any action to be taken by the board of directors or by the stockholders of a corporation, the articles of incorporation require the vote or concurrence of the holders of a greater proportion of the shares, or of any class or series thereof, than required by an…
SDCL § 49-33-4 Certificate of incorporation--Corporate name--Rights conferred by certificate
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Upon the filing and recording of articles of incorporation pursuant to § 49-33-3 a certificate shall issue to such corporation under the seal of this state, signed by the secretary of state, granting unto such incorporators, their associates, successors, and assigns, full power a…
SDCL § 49-33-5 Powers of corporation--Operation of business
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Upon the issue of a certificate pursuant to § 49-33-4 the subscribers to such articles of incorporation, and all persons who shall thereafter become stockholders in such corporation, shall be a corporation by the name of and may engage in the businesses specified in such articles…
SDCL § 49-33-5.1 Powers of corporation--Business corporation powers
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In addition to all provisions and powers in chapters 49-33 and 49-34 that are applicable to corporations organized under those chapters, all provisions and powers set forth in the South Dakota Business Corporation Act, §§ 47-1A-101 to 47-1A-863.3 , inclusive, §§ 47-1A-1401 to 47-…
SDCL § 49-33-6 Powers of corporation--Survey of proposed route--Entry upon property
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Every corporation organized under this chapter shall have power to cause such examinations and surveys to be made as may be necessary to the selection of the most advantageous route for its proposed street railroad, electric light, or power line, and for such purpose to enter, by…
SDCL § 49-33-7 Powers of corporation--Buildings and accessory facilities--Contracts with municipalities
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Every corporation organized under this chapter shall have power to erect and maintain such buildings, powerhouses, plants, poles, substations, wires, trolleys, and appliances as may be necessary for the transmission of electric power and use the same to operate its street railway…
SDCL § 49-33-8 Powers of corporation--Holding property
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Every corporation organized under this chapter shall have power to take and hold such voluntary grants of real and other property as may be made to it to aid in the construction, maintenance, and accommodation of its railways, power or lighting plants, but the real property recei…
SDCL § 49-33-9 Powers of corporation--Purchase of property--Disposition of unneeded property
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Every corporation organized under this chapter shall have power to acquire by purchase or under the provisions of chapter 49-34 all such real and other property as may be necessary for the operation of its railway, power and lighting plants and grounds and accommodation reasonabl…