COOPERATIVES--RECORDS, ACCOUNTS AND REPORTS

SDCL tit. 47, ch. 47-20

in effect

SDCL § 47-20-1 Books and records required--List of members and stockholders.

47-20-1. Books and records required--List of members and stockholders. A cooperative shall keep correct and complete books and records of account, and shall also keep minutes of the proceedings of meetings of its members, board, and executive committee. The cooperative shall keep at its principal office records of the names and addresses of all members and stockholders with the amount of stock held by each, and of ownership of equity interests. SDC 1939, § 11.1133 (1) as enacted by SL 1965, ch 23, § 1.

SDCL § 47-20-2 Inspection of books and records.

47-20-2. Inspection of books and records. At any reasonable time, any member or stockholder of a cooperative, or his agent or attorney, upon written notice stating the purposes thereof, delivered or sent to the cooperative at least one week in advance, may examine for a proper purpose any books or records pertinent to the purpose specified in such notice. SDC 1939, § 11.1133 (1) as enacted by SL 1965, ch 23, § 1.

SDCL § 47-20-3 Court order for production of books and records--Violation--Penalty.

47-20-3. Court order for production of books and records--Violation--Penalty. In any proceedings, or upon petition for such purpose any court of record may, upon notice and after hearing at which proper cause is shown, and upon suitable terms, order any of the cooperative's books or records, and any other pertinent documents in its possession, or duly authenticated copies thereof, to be brought within this state. Such documents shall be kept at such place and for such time and purposes as the order designates. Any cooperative failing to comply with the order is subject to dissolution, and its directors and officers are liable for contempt of court. SDC 1939, § 11.1133 (2) as enacted by SL 1965, ch 23, § 1.

SDCL § 47-20-4 Annual financial report to stockholders or members--Contents of report.

47-20-4. Annual financial report to stockholders or members--Contents of report. Within nine months after the close of its fiscal year, each cooperative organized under chapters 47-15 to 47-20, inclusive, shall mail or electronically transmit to each of its stockholders or members, at the stockholder's or member's last known address, a financial report signed by a principal officer, managing agent, or a public accountant, showing its assets and liabilities and proceeds or loss for the preceding fiscal year. SDC 1939, § 11.1134 (5) as enacted by SL 1965, ch 23, § 1; SL 2018, ch 260, § 11.

SDCL § 47-20-5 Repealed by SL 2008, ch 275, § 60.

SDCL § 47-20-7 Annual financial report--Delivery to secretary of state--Fee--Returning improper report.

47-20-7. Annual financial report--Delivery to secretary of state--Fee--Returning improper report. A cooperative must deliver the annual report required by § 47-20-4 to the secretary of state pursuant to §§ 59-11-24 to 59-11-28, inclusive. A fee of fifty-five dollars must be paid to the secretary of state for filing the report. If the report does not conform to requirements, the report must be returned to the cooperative for necessary corrections. SDC 1939, § 11.1134 (3) as enacted by SL 1965, ch 23, § 1; SL 1966, ch 16, § 2; SL 1986, ch 383, § 6; SL 2003, ch 8, § 15; SL 2008, ch 275, § 61; SL 2025, ch 189, § 2.

SDCL § 47-20-8 Repealed by SL 2008, ch 275, § 60.

SDCL § 47-20-10 Filing and receipt of documents.

47-20-10. Filing and receipt of documents. When any document is to be filed and recorded under chapters 47-15 to 47-20, inclusive, an original and one exact or conforming copy of the document shall be delivered to the secretary of state. He shall stamp on both the original and the copy the date of filing and return the copy to the cooperative with his certificate of filing. SDC 1939, § 11.1151 (1) as enacted by SL 1965, ch 23, § 1; SL 1989, ch 390, § 15.

SDCL § 47-20-11 Recordation of documents.

47-20-11. Recordation of documents. Any document referred to in chapters 47-15 to 47-20, inclusive, is recorded when left for record in the proper office with all required fees paid. SDC 1939, § 11.1151 (2) as enacted by SL 1965, ch 23, § 1.

SDCL § 47-20-12 Repealed by SL 1983, ch 15, § 44

SDCL § 47-20-12.1 Filing false document as felony.

47-20-12.1. Filing false document as felony. A person who files, or causes to be filed, a document required to be filed by this chapter, which he knows to be materially false in any respect, is guilty of a Class 6 felony. SL 1983, ch 15, § 43.

SDCL § 47-20-13 Fees collectible by secretary of state.

47-20-13. Fees collectible by secretary of state. The secretary of state shall charge and collect the fees provided by §§ 47-1A-122 and 47-1A-122.1 for filing the instruments and issuing the certificates relating to domestic corporations therein provided. The fees applicable to amended articles of incorporation shall apply to restated articles of incorporation and fees applicable to the articles of incorporation shall apply to articles of merger or consolidation. SDC 1939, § 11.1152 as enacted by SL 1965, ch 23, § 1; SL 1966, ch 16, § 4; SL 1967, ch 12; SL 2005, ch 202, § 5.

SDCL § 47-20-14 Fees collectible from foreign corporations.

47-20-14. Fees collectible from foreign corporations. The secretary of state shall charge and collect the fees provided by §§ 47-1A-122 and 47-1A-122.1 for filing instruments and issuing certificates relating to foreign corporations. SDC 1939, § 11.1152 as enacted by SL 1965, ch 23, § 1; SL 1966, ch 16, § 4; SL 1967, ch 12; SL 2005, ch 202, § 6.

SDCL § 47-20-15 Registered office required.

47-20-15. Registered office required. Each corporation shall have and continuously maintain in this state a registered office which may be, but need not be, the same as its place of business. SL 1977, ch 381, § 2.

SDCL § 47-20-16 Registered agent required.

47-20-16. Registered agent required. Each corporation shall have and continuously maintain in this state a registered agent, which agent may be either an individual resident in this state whose business office is identical with such registered office, or a domestic corporation, or a foreign corporation authorized to do or engage in any business in this state, or a domestic limited liability company, or a domestic limited liability partnership, having a business office identical with such registered office. SL 1977, ch 381, § 3; SL 2006, ch 228, § 4.

SDCL § 47-20-17 Change of registered office or registered agent--Procedure.

47-20-17. Change of registered office or registered agent--Procedure. A corporation may change its registered office or change its registered agent, or both, upon filing in the Office of the Secretary of State a statement setting forth: (1) The name of the corporation; (2) The street address, or a statement that there is no street address, of its current registered office; (3) If the address of its current registered office is to be changed, the street address, or a statement that there is no street address, of its new registered office; (4) The name of its current registered agent; (5) If its current registered agent is to be changed, the name of the new registered agent and the new agent's written consent to the appointment. Such consent may be given by electronic signature pursuant to chapter 53-12 ; (6) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical; and (7) That such change was authorized by resolution duly adopted by the board of directors. SL 1977, ch 381, § 4; SL 1989, ch 390, § 16; SL 2004, ch 280, § 8.

Source: South Dakota Legislature (sdlegislature.gov)URL: https://sdlegislature.gov/Statutes/47-20Fetched: 10/20/2026