Section 47-1A-833 - Directors' liability for unlawful distributions. - South-dakota Statutes

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Statutes > South-dakota > Title-47 > Chapter-01a > Statute-47-1a-833

47-1A-833. Directors' liability for unlawful distributions. A director who votes for or assents to a distribution in excess of what may be authorized and made pursuant to § 47-1A-640 or 47-1A-1409 is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating § 47-1A-640 or 47-1A-1409 if the party asserting liability establishes that when taking the action the director did not comply with §§ 47-1A-830 and 47-1A-830.1. A proceeding to enforce the liability of a director under this section is barred unless it is commenced within two years after the date:
(1) On which the effect of the distribution was measured under § 47-1A-640.2 or 47-1A-640.4;
(2) As of which the violation of § 47-1A-640 occurred as the consequence of disregard of a restriction in the articles of incorporation; or
(3) On which the distribution of assets to shareholders under § 47-1A-1409 was made.

Source: SL 2005, ch 239, § 162.

State Codes and Statutes

Statutes > South-dakota > Title-47 > Chapter-01a > Statute-47-1a-833

47-1A-833. Directors' liability for unlawful distributions. A director who votes for or assents to a distribution in excess of what may be authorized and made pursuant to § 47-1A-640 or 47-1A-1409 is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating § 47-1A-640 or 47-1A-1409 if the party asserting liability establishes that when taking the action the director did not comply with §§ 47-1A-830 and 47-1A-830.1. A proceeding to enforce the liability of a director under this section is barred unless it is commenced within two years after the date:
(1) On which the effect of the distribution was measured under § 47-1A-640.2 or 47-1A-640.4;
(2) As of which the violation of § 47-1A-640 occurred as the consequence of disregard of a restriction in the articles of incorporation; or
(3) On which the distribution of assets to shareholders under § 47-1A-1409 was made.

Source: SL 2005, ch 239, § 162.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-47 > Chapter-01a > Statute-47-1a-833

47-1A-833. Directors' liability for unlawful distributions. A director who votes for or assents to a distribution in excess of what may be authorized and made pursuant to § 47-1A-640 or 47-1A-1409 is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating § 47-1A-640 or 47-1A-1409 if the party asserting liability establishes that when taking the action the director did not comply with §§ 47-1A-830 and 47-1A-830.1. A proceeding to enforce the liability of a director under this section is barred unless it is commenced within two years after the date:
(1) On which the effect of the distribution was measured under § 47-1A-640.2 or 47-1A-640.4;
(2) As of which the violation of § 47-1A-640 occurred as the consequence of disregard of a restriction in the articles of incorporation; or
(3) On which the distribution of assets to shareholders under § 47-1A-1409 was made.

Source: SL 2005, ch 239, § 162.