South Dakota Code § 47-1A-1321

Notice of intent to demand payment
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If proposed corporate action requiring appraisal rights under §§
47-1A-1302
to
47-1A-1302.3
, inclusive, is submitted to a vote at a shareholders' meeting, a shareholder who wishes to assert appraisal rights with respect to any class or series of shares:
(1) Must deliver to the corporation before the vote is taken written notice of the shareholder's intent to demand payment if the proposed action is effectuated; and
(2) Must not vote, or cause or permit to be voted, any shares of such class or series in favor of the proposed action.
A shareholder who does not satisfy the requirements of this section is not entitled to payment under §§
47-1A-1301
to
47-1A-1331.2
, inclusive.

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