47-18-16.3. Administrative dissolution of cooperative.
The secretary of state may commence a proceeding under §47-18-16.4 to administratively dissolve a cooperative if:
(1)The cooperative does not pay within sixty days after they are due any fees or penalties imposed by chapters 47-15 to 47-20, inclusive, or other law;
(2)The cooperative does not deliver its annual report to the secretary of state within sixty days after it is due;
(3)The cooperative is without a registered agent or registered office in this state for sixty days or more;
(4)The cooperative does not notify the secretary of state within sixty days that its registered agent has been changed or that its registered agent has resigned; or
(5)The cooperative's period of duration stated in its articles of incorporation expires.
Source: SL 1989, ch 390, §7; SL 2008, ch 275, §58.
Structure South Dakota Codified Laws
Chapter 18 - Cooperatives--Reorganization And Dissolution
Section 47-18-1 - Merger or consolidation--Preparation of plan--Approval of plan.
Section 47-18-2 - Articles of merger or consolidation--Contents--Effective date.
Section 47-18-3 - Effect of merger or consolidation--Surviving cooperative.
Section 47-18-4 - Rights and duties of surviving cooperative.
Section 47-18-5 - Amendment of surviving cooperative's articles.
Section 47-18-5.1 - Merger or consolidation of cooperative and its subsidiary.
Section 47-18-6 - Division of cooperative--Plan of division--Approval of plan.
Section 47-18-7 - Manner of approval of plan.
Section 47-18-8 - Articles of division--Contents and filing.
Section 47-18-9 - Disposal of assets--Authorization by members--Notice and approval.
Section 47-18-10 - Mortgaging assets to secure payment of debts.
Section 47-18-11 - Voluntary dissolution--Notice and approval.
Section 47-18-12 - Liquidation of assets--Distribution of proceeds.
Section 47-18-13 - Certificate of dissolution--Contents of certificate.
Section 47-18-14 - Filing and recording certificate of dissolution.
Section 47-18-16 - Default cured prior to entry of decree--Abatement of action.
Section 47-18-16.2 - Petition for reinstatement--Filing fee--Penalty for expired years.
Section 47-18-16.3 - Administrative dissolution of cooperative.
Section 47-18-16.5 - Application for reinstatement.
Section 47-18-16.6 - Denial of reinstatement--Appeal--Court action.
Section 47-18-17 - Liquidation of assets by court--Proper parties to bring action.
Section 47-18-18 - Power and authority of court--Appointment of receiver.
Section 47-18-19 - Creditors' claims--Notice--Time for filing.
Section 47-18-20 - Decree of dissolution--Filing and recording.
Section 47-18-21 - Action as staying all other proceedings.
Section 47-18-22 - Dismissal of action.
Section 47-18-24 - Appointment of trustee for property.
Section 47-18-25 - Court supervision of trustee.
Section 47-18-27 - Dissolution as not impairing preexisting rights--Time limitation.