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Code · South Dakota · Title 47 · Chapter 47-34

47-34A-205. Signing of records.

178 words·~1 min read·/sd/title-47/chapter-47-34/47-34a-205·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided in this chapter a record to be filed by or on behalf of a limited liability company in the Office of the Secretary of State must be signed in the name of the company by a:
(1)Manager of a manager - managed company;
(2)Member of a member - managed company;
(3)Person organizing the company, if the company has not been formed; or
(4)Fiduciary, if the company is in the hands of a receiver, trustee, or other court - appointed fiduciary.
(b)A record signed under subsection
(a)must state adjacent to the signature the name and capacity of the signer.
(c)Any person may sign a record to be filed under subsection
(a)by an attorney - in - fact. Powers of attorney relating to the signing of records to be filed under subsection
(a)by an attorney - in - fact need not be filed in the Office of the Secretary of State as evidence of authority by the person filing but must be retained by the company.
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