Section 47-1A-920.3 - Plan of domestication--Amendments. - South Dakota Statutes

47-1A-920.3. Plan of domestication--Amendments. The plan of domestication may also include a provision that the plan may be amended prior to filing the document required by the laws of this state or the other jurisdiction to consummate the domestication. However, subsequent to approval of the plan by the shareholders, the plan may not be amended to change:
(1) The amount or kind of shares or other securities, obligations, rights to acquire shares or other securities, cash, or other property to be received by the shareholders under the plan;
(2) The articles of incorporation as they will be in effect immediately following the domestication, except for changes permitted by § 47-1A-955 or by comparable provisions of the laws of the other jurisdiction; or
(3) Any of the other terms or conditions of the plan if the change would adversely affect any of the shareholders in any material respect.

Source: SL 2005, ch 239, § 199.