South Dakota § 47-34A-103.1 - Effect of records that conflict with § 47-34A-103 or operating agreement.

Full text of South Dakota South Dakota Codified Laws § 47-34A-103.1 — Effect of records that conflict with § 47-34A-103 or operating agreement., with citation guidance and answers to common questions.

§ 47-34A-103.1. Effect of records that conflict with § 47-34A-103 or operating agreement.

(a) If a record that has been delivered by a limited liability company to the Office of the Secretary of State for filing and has become effective under this chapter, contains a provision that would be ineffective under § 47-34A-103 if contained in the operating agreement, the provision is likewise ineffective in the record.

(b) Subject to subsection (a) of this section, if a record that has been delivered by a limited liability company to the Office of the Secretary of State for filing, and which has become effective under this chapter, conflicts with a provision of the operating agreement:

(1)    The operating agreement prevails as to members, dissociated members, transferees, and managers; and

(2)    The record prevails as to other persons to the extent they reasonably rely on the record.

Source: SL 2013, ch 233, § 3.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 47-34A-103.1

What does South Dakota Codified Laws § 47-34A-103.1 cover?

Section 47-34A-103.1 ("Effect of records that conflict with § 47-34A-103 or operating agreement.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 47-34A-103.1?

A common citation format is "South Dakota Codified Laws § 47-34A-103.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 47-34A-103.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.