15-3-102. DEFINITIONS OF TERMS USED IN THIS CHAPTER.

In this Chapter:

  1. “Corporation’ means a non-profit corporation formed under the sovereign powers of the Rosebud Sioux Tribe, except for those corporations controlled by the Rosebud Sioux Tribal Council;
  2. “Director” means a member of a group elected otherwise authorized to govern affairs of the corporation, and includes trustees, governors, regents, and other terms of like import;
  3. “Member” means (without regard to what a person is called in the articles or bylaws) any person who on more than one occasion, pursuant to a provision of a corporation’s articles or bylaws, has the right to vote for the election of a director or directors. A person is not a member solely by virtue of any of the following:
    1. Any right such person has as a member of the staff or student body of any school or college to vote for a director;
    2. Any rights such person has to designate a director or directors; or
    3. Any rights such person has as a director.
  4. “Mutual Benefit Corporation” means any corporation, including any non-profit cooperative, which is not a “public benefit corporation.”
  5. “Public Benefit Corporation” means:
    1. Any corporation which is recognized as exempt under Section 501(c) (3) of the Internal Revenue Code, or any successor section;
    2. Any corporation, unless its articles or incorporation provide that it is a mutual benefit corporation, which is organized and operated exclusively for one or more of the following purposes: religious, charitable, scientific, testing for public safety, literary, educational, or prevention of cruelty to children or animals; or
    3. Any corporation organized primarily for a public purpose and which is designated in its articles of incorporation as a public benefit corporation.
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