47-18-16.5. Application for reinstatement.
Any cooperative administratively dissolved under §47-18-16.4 may apply to the secretary of state for reinstatement within two years after the effective date of dissolution. The application shall:
(1)Recite the name of the cooperative and the effective date of its administrative dissolution; and
(2)State that the ground or grounds for dissolution either did not exist or have been eliminated.
If the secretary of state determines that the application contains the information required and that the information is correct, he shall cancel the certificate of dissolution and prepare an original and one copy of a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and serve the copy on the cooperative under §47-15-22. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the cooperative resumes carrying on its business as if the administrative dissolution had never occurred.
Source: SL 1989, ch 390, §9.
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.