40-25-1      Number of organizers required to form association.
40-25-2      Written articles of association required--Contents.
40-25-3      Stock and membership provisions in articles of association.
40-25-4      Amendment of articles by association--Procedure--Filing of amendment.
40-25-5      Term of existence of association--Extension of term.
40-25-6      Articles filed to extend term of association--Contents.
40-25-7      Adoption and amendment of bylaws--Contents.
40-25-8      Voting by stockholders or members--Proxy voting.
40-25-9      Directors to manage affairs of association--Terms of office.
40-25-10      Officers of association.
40-25-11      Salaries paid by association--Ownership of property.
40-25-12      Operation as nonprofit corporation--Purposes.
40-25-13      General corporate powers of association.
40-25-14      Records and certificates admissible in evidence--Prima facie evidence of pedigree.
40-25-15      Fraudulent registration or transfer of registration as misdemeanor--False pedigree.

40-25-1. Number of organizers required to form association.

Any number of persons not less than six, may associate themselves together as a cooperative association, society, or company for the purpose of conducting a purebred livestock registry association.

Source: SDC 1939, § 40.1601.

40-25-2. Written articles of association required--Contents.

The persons forming a purebred livestock registry association shall sign and acknowledge written articles which shall contain the name of the association and the names and residences of the persons forming the same. Such articles shall also contain a statement of the breed of livestock for registration of which said association is formed and no association shall be formed for the purpose of registration for more than one particular breed of livestock. The said articles shall also designate the municipality within this state where the principal place of business and records of said association shall be located but provision may be made for business meetings of the stockholders and directors outside of the State of South Dakota by said articles of incorporation.

Source: SDC 1939, § 40.1602; SL 1992, ch 60, § 2.

40-25-3. Stock and membership provisions in articles of association.

The articles of a purebred livestock registry association shall also set forth whether or not interests in the corporation shall be evidenced by shares of stock or by certificates of membership or by both. The articles may provide for the issuance of stock in shares of no par value and in such case shall state the number of shares of such stock issued by the association. The articles may also provide that in lieu of stock, certificates of membership of a value to be fixed by the bylaws may be issued.

Source: SDC 1939, § 40.1602.

40-25-4. Amendment of articles by association--Procedure--Filing of amendment.

Any purebred livestock registry association may amend its articles of incorporation by a majority vote of its stockholders at any regular stockholders' meeting or at any special stockholders' meeting called for that purpose upon thirty days' written notice to the stockholders, a copy of such notice to be mailed separately to each stockholder at his last known address or to be published in a newspaper located nearest to the principal place of business of such association for at least two weeks next preceding the time of holding such meeting, which notice shall state the time and place of the meeting and the amendment or amendments to be proposed. Any amendment to the articles of incorporation may be made which could have been made as a provision of the original articles. Within thirty days after the adoption of the amendment to its articles of incorporation the association shall cause a copy of such amendment, properly certified by the presiding officer and secretary of the meeting at which such amendment was made, to be recorded in the Office of the Secretary of State and any amendment so adopted and recorded shall be a part of the Constitution and bylaws of the association.

Source: SDC 1939, § 40.1603.

40-25-5. Term of existence of association--Extension of term.

A purebred livestock registry association may be formed for a term not exceeding fifty years and such term may be extended for like periods of fifty years so long as the members and directors thereof may comply with the Constitution and laws of the State of South Dakota relative to such associations.

Source: SDC 1939, § 40.1601.

40-25-6. Articles filed to extend term of association--Contents.

Any association formed under the provisions of this chapter may extend its term of existence at any time within the last year of its then existing term, as evidenced by its articles of incorporation, or any amended articles, by filing with the secretary of state articles of incorporation such as are required for formation of an association, under the provisions of this chapter, and containing the additional statement that such articles are filed for the purpose of extending the term of existence of said association for such additional term as may be specified, not exceeding the term of fifty years for each separate extension.

Source: SDC 1939, § 40.1604.

40-25-7. Adoption and amendment of bylaws--Contents.

The bylaws of a purebred livestock registry association shall be adopted at the organization meeting of the association after its original articles of incorporation have been filed in the Office of the Secretary of State, and such bylaws may be amended at any meeting of the stockholders called in the same manner and with the same notice as is required for amending the articles of incorporation. A majority vote of the stockholders or members of the association shall be required to adopt the original bylaws or any amendment thereof. The bylaws may provide all matters necessary for conduct of the activities of the association in accordance with the Constitution and laws of this state and the articles of incorporation of the association.

Source: SDC 1939, § 40.1606.

40-25-8. Voting by stockholders or members--Proxy voting.

No person shall be entitled to more than one vote at any stockholders' meeting no matter how many shares of stock or membership certificates in a purebred livestock registry association he may hold, but nothing in this section shall prevent any person from exercising the voting rights of any other person or persons by virtue of a proxy, in accordance with the bylaws of the association.

Source: SDC 1939, § 40.1607.

40-25-9. Directors to manage affairs of association--Terms of office.

A purebred livestock registry association shall be managed by a board of not less than six nor more than fifteen directors to be elected by and from the stockholders of the association at such time and for such terms as the said bylaws may prescribe and to hold office for the time for which they are elected and said bylaws shall provide for the election of one-third of the said directors for succeeding terms in annual, biennial, triennial succession so that the board of directors may operate as a continuing body or board. All directors shall hold office until their successors are elected and have entered upon the discharge of their duties.

Source: SDC 1939, § 40.1608.

40-25-10. Officers of association.

The officers of every purebred livestock registry association shall be a president, one or more vice-presidents, a secretary, and a treasurer, who shall be elected annually by the directors and each of such officers must be a director of the association. The office of secretary and treasurer may be combined and when so combined the person filling the office shall be the secretary-treasurer.

Source: SDC 1939, § 40.1609.

40-25-11. Salaries paid by association--Ownership of property.

A purebred livestock registry association shall have power to pay such salaries as its stockholders or directors may prescribe and own such real and personal property as may be required for efficient operation of its business and accomplishment of the purposes for which organized.

Source: SDC 1939, § 40.1605.

40-25-12. Operation as nonprofit corporation--Purposes.

A purebred livestock registry association shall operate as a nonprofit-making corporation and for the promotion of the purebred livestock industry by educational and regulatory measures.

Source: SDC 1939, § 40.1605.

40-25-13. General corporate powers of association.

Any association created under the provisions of this chapter shall have power to conduct the business of a purebred livestock registry association and to do all things necessary to promote the best interests of said association in accordance with law and the articles of incorporation.

Source: SDC 1939, § 40.1605.

40-25-14. Records and certificates admissible in evidence--Prima facie evidence of pedigree.

The records of a purebred livestock registry association or any certified copy thereof or any certificate of pedigree given under the hand of the president and the secretary and under the seal of said association, shall be admissible in evidence before any court, board, or tribunal within this state, and any certificate of pedigree of any animal so given shall be prima facie evidence before all courts, boards, or tribunals of the pedigree of said animal.

Source: SDC 1939, § 40.1610.

40-25-15. Fraudulent registration or transfer of registration as misdemeanor--False pedigree.

Every person who by any false pretense shall obtain from any club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals, the registration of any animal in the herd register of any such club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any animal, shall be guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1819; SL 1977, ch 190, § 524.