H*3306(Rat #0593, Act #0486 of 1980)  General Bill, By B.L. Hendricks, 
S.H. Howard, Kirsh and T.G. Mangum

Similar(S 734)
 A Bill to amend Section 33-21-110, Code of Laws of South Carolina, 1976,
 relating to corporate dissolutions by forfeiture, so as to add provisions for
 dissolutions by forfeiture of certain nonprofit corporations.

   01/10/80  House  Introduced and read first time HJ-148
   01/10/80  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-149
   04/03/80  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-1853
   04/09/80  House  Read second time HJ-1942
   04/10/80  House  Read third time and sent to Senate HJ-1985
   04/10/80  Senate Introduced and read first time SJ-10
   04/10/80  Senate Referred to Committee on Judiciary SJ-10
   05/29/80  Senate Recalled from Committee on Judiciary SJ-85
   05/29/80  Senate Read second time SJ-85
   06/04/80  Senate Read third time and enrolled SJ-53
   06/05/80  House  Ratified R 593 HJ-3671
   06/11/80         Signed By Governor
   06/11/80         Effective date 06/11/80
   06/11/80         Act No. 486
   06/18/80         Copies available

AN ACT TO AMEND SECTION 33-21-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE DISSOLUTIONS BY FORFEITURE, SO AS TO ADD PROVISIONS FOR DISSOLUTIONS BY FORFEITURE OF CERTAIN NONPROFIT CORPORATIONS.

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

Dissolutions by forfeiture of certain nonprofit corporations

Section 1. Section 33-21-110 of the 1976 Code is amended to read:

"Section 33-21-110. If a domestic corporation has failed to:

(1) file its annual report within the time required by Chapters 1 to 25 of this title,

(2) pay its franchise tax on or before the date on which such franchise tax is due and payable,

(3) appoint and maintain a registered agent in this State, or

(4) for thirty days after change of its registered office or registered agent file in the office of the Secretary of State a notice of such change; the Secretary of State shall send to the corporation by registered or certified mail addressed to its registered office or principal place of business notice of its impending dissolution by forfeiture, setting forth the ground thereof, and stating that the default must be removed within ninety days of the date of the notice.

Such notice shall also be sent to any nonprofit corporation chartered under Chapter 31 or 35 of this title which has failed to file its annual report within the time required, or pay its annual license fee or franchise tax on or before the date on which such fees or franchise taxes are due and payable.

If, within ninety days from the date of such notice, a corporation subject to such notice shall not have removed the default, the Secretary of State shall prepare a declaration of dissolution of the corporation by forfeiture stating the ground therefor, and shall file the declaration in his office. The Secretary of State shall send a copy of such declaration to the corporation by registered or certified mail addressed to its registered office or principal place of business, and shall publish the fact of such dissolution in a newspaper published or circulated in the county in which the corporation's last known registered office is located."

Time effective

Section 2. This act shall take effect upon approval by the Governor.