South Dakota Codified Laws
Chapter 33 - Electric, Street Railway And Gas Corporations
Section 49-33-5 - Powers of corporation--Operation of business.

49-33-5. Powers of corporation--Operation of business.
Upon the issue of a certificate pursuant to §49-33-4 the subscribers to such articles of incorporation, and all persons who shall thereafter become stockholders in such corporation, shall be a corporation by the name of and may engage in the businesses specified in such articles and shall possess all the powers and be subject to all provisions of law relating to street railways and electric light and power companies and the provisions of this chapter and chapter 49-34 applicable thereto. And the rights and powers provided in said chapters with respect to street railways and electric companies shall be construed to extend and apply to the businesses engaged in by such corporation pursuant to the provisions hereof with respect to rights of way, acquisition and use of property, franchises, extensions of service and consolidations as the same relate to and are consistent with said businesses.

Source: SDC 1939, §52.1502; SL 1947, ch 236, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 33 - Electric, Street Railway And Gas Corporations

Section 49-33-1 - Incorporation of company--Articles of incorporation--Perpetual existence--Reinstatement of articles as amended.

Section 49-33-2 - Provisions applicable to gas companies.

Section 49-33-3 - Affidavit of incorporators--Contents--Filing with secretary of state--Fee of secretary.

Section 49-33-4 - Certificate of incorporation--Corporate name--Rights conferred by certificate.

Section 49-33-5 - Powers of corporation--Operation of business.

Section 49-33-5.1 - Powers of corporation--Business corporation powers.

Section 49-33-6 - Powers of corporation--Survey of proposed route--Entry upon property.

Section 49-33-7 - Powers of corporation--Buildings and accessory facilities--Contracts with municipalities.

Section 49-33-8 - Powers of corporation--Holding property.

Section 49-33-9 - Powers of corporation--Purchase of property--Disposition of unneeded property.

Section 49-33-10 - Powers of corporation--Right-of-way--Condemnation of land--Alteration of roadways--Expenses.

Section 49-33-11 - Powers of corporation--Connection with other facilities--Use of facilities--Accessory facilities.

Section 49-33-12 - Powers of corporation--Rules and regulations--Rates--Discrimination prohibited.

Section 49-33-13 - Powers of corporation--Extraterritorial powers.

Section 49-33-14 - Board of directors--Election and term of office--Voting for directors--Vacancies.

Section 49-33-14.1 - Bylaws--Adoption, amendment or repeal by board.

Section 49-33-14.2 - Annual and special meetings of stockholders--Quorum--Notice.

Section 49-33-15 - Director as stockholder--Minimum stock ownership.

Section 49-33-17 - Officers of corporation.

Section 49-33-18 - Books and records--Exhibition to stockholders--Right to examine by certain stockholders.

Section 49-33-19 - Capital stock subscription.

Section 49-33-20 - Failure to pay for subscription--Collection by directors--Forfeiture of amounts previously paid.

Section 49-33-21 - Transfer of stock--Stock deemed personal property.

Section 49-33-22 - Increase in capital stock and amendment of articles of incorporation--Majority vote or greater required.

Section 49-33-23 - Issuance of preferred stock.

Section 49-33-24 - Series of preferred stock--Characteristics of stock--Dividends--Voting powers.

Section 49-33-25 - Certificate of issuance of preferred stock--Filing with secretary of state.

Section 49-33-26 - Increasing or decreasing preferred stock--Resolution of directors.

Section 49-33-27 - Liability of stockholders--Stock held by fiduciary or as collateral security.

Section 49-33-28 - Holding of stock in other corporations.

Section 49-33-30 - Consolidation or merger with other corporations--Approval of plan.

Section 49-33-31 - Articles of incorporation requiring greater vote control.