Chapter 21 - RURAL ELECTRIC COOPERATIVES

Section 47-21-1 - Definitions
Section 47-21-2 - Purpose and authority
Section 47-21-3 - Name of cooperative-Exceptions
Section 47-21-4 - Exclusive use of particular words
Section 47-21-5 - Requirement that name be distinct
Section 47-21-6 - Incorporators-Requisites and qualifications
Section 47-21-7 - Articles of incorporation-Unnecessary recitals-Signing of articles
Section 47-21-8 - Amendment of articles-Procedure-Two-thirds vote required
Section 47-21-9 - Required recitals in amendment-Affidavit of compliance
Section 47-21-10 - Board of directors-Bylaws-Meetings by teleconference
Section 47-21-11 - Compensation of directors
Section 47-21-12 - First directors-Term of office
Section 47-21-13 - Election of directors-Maximum term of office
Section 47-21-14 - Quorum of directors
Section 47-21-15 - Husband and wife as directors
Section 47-21-16 - Powers of board of directors
Section 47-21-17 - Directors not disqualified from acknowledging instruments
Section 47-21-18 - Adoption of first bylaws by directors-Subsequent bylaws adopted by members
Section 47-21-19 - Provisions of bylaws
Section 47-21-20 - Bylaw provision dividing area served into districts-Election of directors by districts-District meetings-Proxy voting prohibited
Section 47-21-21 - Officers-Election and qualifications-Removal of officers
Section 47-21-21.1 - [Repealed]
Section 47-21-21.2 - Indemnification of directors, officers, agents, and employees against liability under certain circumstances
Section 47-21-21.3 - Circumstances under which directors, officers, agents, and employees may not be indemnified
Section 47-21-21.4 - Indemnification of successful director, officer, agent, or employee for expenses incurred in proceeding
Section 47-21-22 - Conversion of corporation into cooperative
Section 47-21-23 - Submission of conversion proposition to stockholders-Notice of meeting
Section 47-21-24 - Two-thirds vote required for approval-Articles of conversion-Contents of articles-Affidavit of compliance
Section 47-21-25 - Consolidating cooperatives
Section 47-21-26 - Submission of consolidation proposition to members-Notice of meeting
Section 47-21-27 - Majority vote required for approval-Articles of consolidation-Contents of articles-Affidavit of compliance
Section 47-21-28 - Merging cooperatives
Section 47-21-29 - Submission of merger proposition to members-Notice of meeting
Section 47-21-30 - Majority vote required for approval-Articles of merger-Contents of articles-Affidavit of compliance
Section 47-21-31 - Articles of consolidation as governing consolidated cooperative-Articles of surviving cooperative as governing merged cooperative
Section 47-21-32 - Transfer of rights and obligations to surviving cooperative
Section 47-21-33 - Liabilities after consolidation or merger-Preexisting claims-Substitution of parties
Section 47-21-34 - Rights of creditors and lienors unaffected by consolidation or merger
Section 47-21-35 - Dissolution before commencement of business-Articles of dissolution-Majority approval required-Contents of articles
Section 47-21-36 - Dissolution after commencement of business
Section 47-21-37 - Submission of dissolution proposition to members-Majority vote required
Section 47-21-38 - Certificate of election to dissolve-Contents of certificate-Submission to secretary of state
Section 47-21-39 - Cessation of business-Continuance of corporate existence-Notice to creditors-Publication
Section 47-21-40 - Liquidation of affairs of cooperative-Distribution of assets-Rights of patrons-Rights of members-Distribution of remains
Section 47-21-41 - Articles of dissolution-Contents of articles
Section 47-21-42 - Delivery of articles to secretary of state-Fees-Effective date of action-Certificates of election to dissolve
Section 47-21-43 - Fee schedule of secretary of state
Section 47-21-44 - Encumbering cooperative property in favor of governmental agency permitted
Section 47-21-45 - Circumstances under which property may be transferred-Majority vote required-Transfer to security holders
Section 47-21-46 - Place of recordation of encumbrance
Section 47-21-46.1 - Filing and recording of trust deed or mortgage in Office of Secretary of State-Effect
Section 47-21-46.2 - Filing required under chapter 57A-9 to be maintained in Office of Secretary of State-Contents of financing statement-Termination of effectiveness
Section 47-21-46.3 - Filing of mortgage or trust deed covering less than fee simple interest-Effect-Termination-Sufficiency of description
Section 47-21-46.4 - Applicability of other laws-Single filing-Index
Section 47-21-46.5 - Assignment or discharge of trust deed or mortgage
Section 47-21-46.6 - Filing fee
Section 47-21-47 - After-acquired property as subject to encumbrance-Recordation as notice
Section 47-21-48 - Encumbrance against personal property-Continuance of lien without refiling
Section 47-21-49 - Members of cooperatives-Qualifications
Section 47-21-50 - Use of electric energy required-Failure to make energy available
Section 47-21-51 - Husband and wife as members-Membership not transferable-Additional qualifications of members
Section 47-21-52 - Liability of members for acts of cooperative
Section 47-21-53 - Annual members' meeting
Section 47-21-54 - Special meetings for members-Procedure for calling
Section 47-21-55 - Notice of meeting-Contents of notice-Method of giving notice
Section 47-21-56 - Quorum for members' meetings-Quorum for district meeting-Adjournment for failure of quorum
Section 47-21-57 - Voting by members-Spouse voting for member-Mail voting
Section 47-21-58 - Waiver of notice-Attendance as waiver-Exceptions
Section 47-21-59 - Powers of cooperative-Capacity to sue and be sued
Section 47-21-60 - Powers of cooperative-Perpetual existence
Section 47-21-61 - Powers of cooperative-Corporate seal
Section 47-21-62 - Powers of cooperative-Generation and distribution of electric energy
Section 47-21-63 - Powers of cooperative-Dealing in property and equipment
Section 47-21-64 - Powers of cooperative-Franchises, licenses and easements
Section 47-21-65 - Powers of cooperative-Borrowing-Security for borrowing
Section 47-21-66 - Powers of cooperative-Construction and maintenance of facilities on public lands
Section 47-21-67 - Powers of cooperative-Eminent domain
Section 47-21-68 - Powers of cooperative-Joining other cooperatives
Section 47-21-69 - Powers of cooperative-Extraterritorial powers
Section 47-21-70 - Powers of cooperative-Bylaws
Section 47-21-71 - Powers of cooperative-Other powers
Section 47-21-72 - Requirement that cooperative be nonprofit-Disposition of revenues
Section 47-21-72.1 - Directors not liable for distribution in good faith reliance on financial statements or accountants' reports
Section 47-21-73 - Municipal corporation or county grant to use public streets
Section 47-21-74 - Foreign cooperatives-Conditions to local operation-Statement to secretary of state-Contents of statement
Section 47-21-75 - Construction to comply with National Electrical Safety Code-Compliance establishes due care in negligence claim
Section 47-21-76 - Change of location of principal office-Certificate to secretary of state
Section 47-21-77 - Securities regulation laws inapplicable
Section 47-21-78 - Construction of chapter
Section 47-21-79 - Limitation of actions
Section 47-21-80 - Severability and saving clause
Section 47-21-81 - Citation of chapter
Section 47-21-82 - Cooperatives able to use property and funds to promote economic development and may lend money-Restrictions on loans
Section 47-21-83 - Forfeiture of unclaimed credits
Section 47-21-84 - Application of South Dakota's Public Communications Network Infrastructure