S.D. Codified Laws § 47-1A-709

Current through the 2024 Legislative Session

Section 47-1A-709 - Shareholders' meeting-Remote communication-Requirements

If authorized by the board of directors in its sole discretion and subject to any guidelines and procedures adopted by the board of directors, shareholders and proxies of shareholders not physically present at a meeting of shareholders may participate in the meeting by means of remote communication.

If shareholders and proxies of shareholders participate in a meeting of shareholders by means of remote communication, the participating shareholders and proxies of shareholders are deemed to be present in person and to vote at the meeting of shareholders, whether the meeting is held at a designated place or solely by means of remote communication or at a designated place and by remote communication, if:

(1) The corporation has implemented reasonable measures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a shareholder or proxy of a shareholder; and

(2) The corporation has implemented reasonable measures to provide shareholders and proxies of shareholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the shareholders, including an opportunity to communicate and to read or hear the proceedings of the meeting concurrently with the proceedings.

SDCL 47-1A-709

SL 2020, ch 198, § 1.

Added by S.L. 2020, ch. 198,s. 1, eff. 7/1/2020.