June 22, 1981

Ms. Alice Kundert 
Secretary of State 
State Capitol 
Pierre, South Dakota 57501

Official Opinion No. 81-20

Filing of Corporate Annual Reports

Dear Ms. Kundert:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS:

SDCL 47-24-13 provides: 

The corporate charter of each domestic nonprofit corporation organized under the provisions of chapter 47-22 which, for three consecutive years beginning July 1, 1979, fails to file its annual report required under the provisions of § §  47-24-6 to 47-24-8, inclusive, is revoked. 

The corporate charter of any corporation failing to file any two successive reports required by § 47-24-9 is revoked.

Based on the above facts, you have asked the following question:

QUESTION: 

Must a nonprofit corporation file three annual reports beginning in 1979 to avoid being revoked, or will merely filing one report prior to July 1, 1981, be sufficient to comply with § 47-24-13?

In my opinion, the filing of one report for either 1979, 1980 or 1981 will satisfy § 47-24-13 and prevent revocation for the reason that in order to be revoked, a nonprofit corporation must fail to file for three consecutive years.

Respectfully submitted,

Mark V. Meierhenry
Attorney General