47-17-22. Circumstances under which directors, officers, agents, and employees may not be indemnified.
Unless otherwise ordered by a court, a cooperative may not indemnify a director, officer, agent, or employee:
(1)In connection with a proceeding by or in the right of the cooperative, except for reasonable expenses incurred in connection with the proceeding if it is determined that the director, officer, agent, or employee has met the relevant standard of conduct pursuant to §47-17-21; or
(2)In connection with any proceeding with respect to conduct for which the director, officer, agent, or employee was adjudged liable on the basis that the director, officer, agent, or employee received a financial benefit to which the director, officer, agent, or employee was not entitled, whether or not involving action in the official capacity of the director, officer, agent, or employee.
Source: SL 2007, ch 260, §5; SL 2009, ch 232, §5.
Structure South Dakota Codified Laws
Chapter 17 - Cooperatives--Directors, Officers And Employees
Section 47-17-1 - Board of directors as manager of cooperative--Qualifications of directors.
Section 47-17-2 - Compensation of directors.
Section 47-17-3 - Number of directors.
Section 47-17-5 - Removal of directors.
Section 47-17-6 - Vacancies on board of directors.
Section 47-17-7 - Liability of directors for improper distribution of assets.
Section 47-17-8 - Board meetings.
Section 47-17-9 - Quorum at meeting.
Section 47-17-10 - Waiver of notice of meeting.
Section 47-17-11 - Specification of purpose of meeting.
Section 47-17-12 - Directors' executive committee--Powers of committee.
Section 47-17-13 - Action without meeting of directors--Written consent.
Section 47-17-14 - Principal officers of cooperative--Election by board of directors.
Section 47-17-15 - Other officers.
Section 47-17-16 - Authority of officers.
Section 47-17-17 - Removal of officers.
Section 47-17-18 - Compensation of officers.