51A-3-2. Articles of incorporation or articles of organization--Content--Name of bank--Capital stock or members' equity.
For a bank organized as a corporation, the articles of incorporation of a bank shall state, and for a bank organized as a limited liability company, the articles of organization of a bank shall state:
(1)That the corporation or limited liability company is formed for the purpose of engaging in the business of banking, or as a bank and trust company, or as a bank and trust department;
(2)The period for which such corporation or limited liability company is organized, not exceeding twenty years.
The capital stock of a bank organized as a corporation shall be divided into shares of not less than ten nor more than one hundred dollars each. The members' equity of a bank organized as a limited liability company shall be divided into units of not less than ten nor more than one hundred dollars each.
The name of a bank organized under this title shall be different from the name of any other bank or trust company in the county of its place of business. However, the name of the bank is not required to be different if the majority of the bank's outstanding stock is owned by a bank holding company that also owns a majority of the outstanding stock of another bank or trust company in the county of the bank's place of business and such other bank or trust company has given its prior written consent.
Source: SDC 1939, §6.0301; SL 1941, ch 15; SL 1957, ch 10; SDCL §§51-3-1, 51-3-3, 51-3-4; SL 1969, ch 11, §3.2; SL 1970, ch 265, §16; SDCL §51-17-2; SL 1995, ch 268, §64; SL 2004, ch 289, §7; SL 2009, ch 250, §1.
Structure South Dakota Codified Laws
Chapter 03 - Organization, Applications, And Capital Structure Of Banking Corporations
Section 51A-3-1 - Corporation laws applicable to banks.
Section 51A-3-1.1 - Bank organized as limited liability company--Rules.
Section 51A-3-3 - Incorporators of bank.
Section 51A-3-4 - Minimum capital.
Section 51A-3-6 - Transfers to surplus.
Section 51A-3-7 - Applications--Fee.
Section 51A-3-8 - Acceptance of application for charter.
Section 51A-3-9 - Conditions to be considered in ruling on application.
Section 51A-3-10 - Hearing on application.
Section 51A-3-12 - Endorsement and filing of approved articles--Notice of disapproval.
Section 51A-3-13 - Subscription of shares--Minimum collection--Refund on disapproval of application.
Section 51A-3-17.1 - Dividends--Definition.
Section 51A-3-18 - Dividends--Restrictions and requirements for declaration.
Section 51A-3-19 - Approval of director required for unusually large dividends.
Section 51A-3-20 - Recovery of dividends paid when capital impaired.
Section 51A-3-21 - Net profits defined.
Section 51A-3-23 - Extension of charter.
Section 51A-3-24 - Reporting transfers of stock.
Section 51A-3-25 - Change in control of bank.
Section 51A-3-26 - Lien on shares--Enforcement--Marking of certificates.
Section 51A-3-27 - Purchase or purchase money loans on security of own stock prohibited--Exception.
Section 51A-3-28 - Credit of dividends, interest, or profits on indebtedness--Foreclosure of lien.
Section 51A-3-30 - Adoption and approval of bylaws.
Section 51A-3-31 - Indemnification of officers, directors, or employees.
Section 51A-3-32 - Board of directors--Number of members--Citizenship requirements--Election.
Section 51A-3-33 - Removal of directors--Vote required.
Section 51A-3-34 - Board of directors--Meetings.
Section 51A-3-35 - Election of officers--Terms--Vacancies.
Section 51A-3-37 - Bonds of officers and employees.