South Dakota Codified Laws
Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State
Section 47-28-3 - Appeal to circuit court--Venue--Petition and supporting documents--Trial de novo.

47-28-3. Appeal to circuit court--Venue--Petition and supporting documents--Trial de novo.
From disapproval of any articles or document described in §47-28-2, the person or corporation delivering the same to the secretary of state may appeal to the circuit court for the county in which the registered office of such corporation is, or is proposed to be, situated by filing with the clerk of such court a petition setting forth a copy of the articles or other document sought to be filed and a copy of the written disapproval thereof by the secretary of state; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the secretary of state or direct him to take such action as the court may deem proper.

Source: SL 1965, ch 24, §92.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 47 - Corporations

Chapter 28 - Nonprofit Corporations--Supervision By Secretary Of State

Section 47-28-1 - General powers of secretary of state.

Section 47-28-2 - Appeal from actions of secretary of state--Notice of disapproval by secretary of state--Time for notice.

Section 47-28-3 - Appeal to circuit court--Venue--Petition and supporting documents--Trial de novo.

Section 47-28-4 - Right of foreign corporation to appeal revocation of certificate of authority--Procedure for appeal--Trial de novo.

Section 47-28-5 - Appeal from order of circuit court--Procedure.

Section 47-28-6 - Filing fees.

Section 47-28-7 - Fee for service of process.

Section 47-28-8 - Fee for certified copy.

Section 47-28-9 - Prima facie effect of certificates of secretary of state--Admissibility.

Section 47-28-11 - Interrogatories by secretary of state to determine compliance with statutes.

Section 47-28-12 - Answer to interrogatories--Time for answer--Extension of time--Proper party to answer.

Section 47-28-13 - Withholding filing of documents pending answer--Certification of certain answers to attorney general.

Section 47-28-14 - Interrogatories and answers as confidential--Exception in case of criminal proceedings.

Section 47-28-15 - Failure to answer interrogatories--Civil fine.

Section 47-28-16 - Director or officer failing to answer interrogatories or signing false report--Civil fine.

Section 47-28-17 - Forms prescribed by secretary of state--Use not mandatory.

Section 47-28-18 - Filing by electronic transmission.

Section 47-28-19 - Delayed effective time and date of filings.