South Dakota Codified Laws
Chapter 33 - Electric, Street Railway And Gas Corporations
Section 49-33-5.1 - Powers of corporation--Business corporation powers.

49-33-5.1. Powers of corporation--Business corporation powers.
In addition to all provisions and powers in chapters 49-33 and 49-34 that are applicable to corporations organized under those chapters, all provisions and powers set forth in the South Dakota Business Corporation Act, §§47-1A-101 to 47-1A-863.3, inclusive, §§47-1A-1401 to 47-1A-1440, inclusive, and §§47-1A-1601 to 47-1A-1703.1, inclusive, applicable to domestic corporations are also applicable to corporations that have been or will be organized under chapters 49-33 and 49-34 except if in conflict with the express provisions of chapters 49-33 and 49-34.

Source: SL 1981, ch 337; SL 2005, ch 202, §12; SL 2021, ch 200, § 3.

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.