South Dakota Code § 47-22-72

Circumstances under which ultra vires may be asserted--Actions by attorney general to dissolve or enjoin corporation
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Notwithstanding §
47-22-69
, the fact that a corporation is without capacity or power to do an act or to make or receive a conveyance or transfer of real or personal property may be asserted in a proceeding by the attorney general, as provided in chapter
47-26
, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the attorney general.

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