47-1A-1602.3. Abolition or limitation of right of inspection prohibited--Application.The right of inspection granted by §§47-1A-1602 to 47-1A-1602.2, inclusive, may not be abolished or limited by a corporation's articles of incorporation or bylaws.The provisions of this section do not affect:(1)The right of a shareholder to inspect records under §47-1A-720 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant;(2)The power of a court, independently of this chapter, to compel the production of corporate records for examination.For purposes of §§47-1A-1602 to 47-1A-1602.3, inclusive, the term, shareholder, includes a beneficial owner whose shares are held in a voting trust or by a nominee on his behalf. Source: SL 2005, ch 239, §376.
South Dakota Legal Code