S 0010 General Bill, By Hayes, Knotts and Fair
 A BILL TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE CONSOLIDATION OR MERGER OF BANKS AND TRUST COMPANIES, TO
 PROVIDE THAT A FIDUCIARY OR OTHER RELATIONSHIP OF THE TRANSFERRING INSTITUTION
 DEVOLVES UPON THE RESULTANT BANK OR TRUST COMPANY EVEN IF THE TRANSFERRING
 INSTITUTION WAS NOT SERVING ACTIVELY IN THAT CAPACITY AT THE TIME OF THE
 MERGER, CONSOLIDATION, OR OTHER TRANSFER.

   11/29/06  Senate Prefiled
   11/29/06  Senate Referred to Committee on Banking and Insurance
   01/09/07  Senate Introduced and read first time SJ-30
   01/09/07  Senate Referred to Committee on Banking and Insurance SJ-30

TO AMEND SECTION 34-3-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSOLIDATION OR MERGER OF BANKS AND TRUST COMPANIES, TO PROVIDE THAT A FIDUCIARY OR OTHER RELATIONSHIP OF THE TRANSFERRING INSTITUTION DEVOLVES UPON THE RESULTANT BANK OR TRUST COMPANY EVEN IF THE TRANSFERRING INSTITUTION WAS NOT SERVING ACTIVELY IN THAT CAPACITY AT THE TIME OF THE MERGER, CONSOLIDATION, OR OTHER TRANSFER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 34-3-850(B), as last amended by Act 76 of 1987, is further amended to read:

"(B)    When any such a bank or trust company executes a transaction under the provisions of pursuant to subsection (A):, the following, upon the effective date of the transaction and without further act or deed, vest in, devolve upon, and after that must be performed by the resultant bank or trust company or transferee, whether or not the transferring bank or trust company was actively serving in that capacity or relationship at the time of the transaction:

(1)    all the then rights, powers, privileges, duties, appointments, and account designations regarding each fiduciary capacity or other relationship transferred, whether created by will, indenture, trust, court order, agreement, or other means;

(2)    title to all property, real, personal, and mixed;

(3)    all debts due on whatever account;

(4)    all other choses in action held in a fiduciary capacity;

(5)    each and every other interest, as a fiduciary, or contractual relationship, of or belonging to:

(a)    the disappearing corporation in the case of a merger;

(b)    each corporation in the case of a consolidation; or

(c)    the transferor, but only to the extent transferred, in the case of a transfer, as the case may be, shall, upon the effective date of the transaction and without further act or deed, vest in, devolve upon, and thereafter be performed by the resultant bank or trust company, or transferee, as the case may be."

SECTION    2.    This act takes effect upon approval by the Governor.