51A-3-25. Change in control of bank.
For the purposes of application approval under §51A-2-16, a change of control created by the acquisition of shares in satisfaction of a debt previously contracted in good faith or through testate or intestate succession, bona fide gift, or trust distribution does not require an application for change in control. The acquirer shall advise the director within thirty days after the acquisition and provide such information as the director may request.
For the purposes of this section, the term, control, means the power, directly or indirectly, to direct the management or policies of a bank or to vote twenty-five percent or more of any class of voting securities of a bank.
Source: SL 1988, ch 371, §70; SL 1989, ch 411, §1; SDCL §51-17-23.1; SL 1991, ch 390, §4; SL 2008, ch 252, §16; SL 2012, ch 252, §11.
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.