49-30-1. Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators.
Any number of persons not less than three may form a corporation for the purpose of constructing, maintaining, and operating lines of telegraph or telephone in this state, and for the purpose of carrying on the business of a telegraph or telephone company, or for the purpose of maintaining and operating any lines of telegraph or telephone already constructed, by making articles of incorporation in which shall be stated:
(1)The name of the corporation, which may not be the same as that of any other corporation owning or operating lines of telegraph or telephone in this state;
(2)The place from which and to which such lines of telegraph or telephone are to be constructed, or maintained and operated, as the case may be;
(3)The estimated length of such lines of telegraph or telephone, and the name of each county in this state through or into which they are extended or intended to be constructed;
(4)The amount of capital stock of the corporation, the number of shares of which it shall consist, and, if such stock shall consist of common and preferred stock, the number and amount of each class;
(5)The names and residences of the directors of the corporation who shall manage its affairs for the first year and until others are chosen in their places, and who may not be less than three nor more than thirteen in number;
(6)The term for which the corporation shall exist, which may be perpetual;
(7)The place within this state where the principal office of the corporation shall be maintained, and where the corporate records and stock books of the corporation shall be kept.
Each of the incorporators shall subscribe to the articles of incorporation the incorporator's name, place of residence, and the number of shares of stock the incorporator agrees to take in such corporation.
Source: SDC 1939, §52.1303; SL 2001, ch 255, §1; SL 2018, ch 265, §1.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 30 - Telephone And Telegraph Corporations
Section 49-30-2 - Affidavit of directors--Contents of affidavit--Filing with secretary of state.
Section 49-30-3 - Certificate of incorporation--Name of corporation--Powers.
Section 49-30-4 - Powers of corporation--Survey for proposed pole line--Entry upon property.
Section 49-30-5 - Powers of corporation--Holding property for accessory facilities.
Section 49-30-7 - Powers of corporation--Construction along waters and highways.
Section 49-30-8 - Powers of corporation--Connection with preexisting lines--Expense of connection.
Section 49-30-9 - Powers of corporation--Transmission of messages.
Section 49-30-10 - Powers of corporation--Accessory facilities.
Section 49-30-11 - Powers of corporation--Rules and regulations for transmission of messages.
Section 49-30-12 - Powers of corporation--Condemnation of real property.
Section 49-30-13 - Board of directors--Election--Terms of office--Director as stockholder.
Section 49-30-14 - Voting for directors--Filling vacancies.
Section 49-30-15 - Meeting for election of directors--Notice of meeting--Waiver of notice.
Section 49-30-17 - Notice to stockholders--Notice by mail.
Section 49-30-18 - Exhibition of corporate books and records.
Section 49-30-19 - Officers of corporation--Appointment by directors.
Section 49-30-20 - Subscriptions for capital stock.
Section 49-30-23 - Transfer of stock--Stock deemed personal property.
Section 49-30-24 - Liability of stockholders--Stock held by fiduciary or as collateral security.