Section 47-16-36 - Actions by stockholders or members--Additional allegations. - South Dakota Statutes

47-16-36. Actions by stockholders or members--Additional allegations. No action may be instituted or maintained in the right of any association by any member or stockholder unless he alleges in his complaint with particularity his efforts to secure from the board of directors such action as he desires. He shall allege further that he has either informed the corporation or board in writing of the ultimate facts of each cause of action against each director or that he has delivered to the cooperative or board a copy of the complaint which he proposes to file. He shall state the reasons for his failure to obtain such action or the reasons for not making such effort.

Source: SDC 1939, § 11.1153 (1) (b) as enacted by SL 1965, ch 23, § 1.