47-1A-1103.4. Plan of share exchange--Amendments.
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/sd/title-47/chapter-47-1/47-1a-1103-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The plan of share exchange may include a provision that the plan may be amended prior to filing articles of share exchange, but if the shareholders of a domestic corporation that is a party to the share exchange are required or permitted to vote on the plan, the plan must provide that subsequent to approval of the plan by such shareholders the plan may not be amended to change:
(1)The amount or kind of shares or other securities, interests, obligations, rights to acquire shares, other securities or interests, cash, or other property to be issued by the corporation or to be received under the plan by the shareholders of or owners of interests in any party to the share exchange; or
(2)Any of the other terms or conditions of the plan if the change would adversely affect such shareholders in any material respect.