Current Status Introducing Body:Senate Bill Number:165 Ratification Number:10 Act Number:3 Primary Sponsor:Pope Type of Legislation:GB Subject:Corporation, dissolution of Date Bill Passed both Bodies:Mar 05, 1991 Computer Document Number:OLDVS/LIBX/2315 Governor's Action:S Date of Governor's Action:Mar 15, 1991 Introduced Date:Jan 08, 1991 Date of Last Amendment:Feb 06, 1991 Last History Body:------ Last History Date:Mar 15, 1991 Last History Type:Act No. 3 Scope of Legislation:Statewide All Sponsors:Pope Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
165 ------ Mar 15, 1991 Act No. 3
165 ------ Mar 15, 1991 Signed by Governor
165 ------ Mar 12, 1991 Ratified R 10
165 House Mar 05, 1991 Read third time, enrolled for
ratification
165 House Feb 28, 1991 Read second time
165 House Feb 27, 1991 Committee Report: Favorable 26
165 House Feb 07, 1991 Introduced, read first time, 26
referred to Committee
165 Senate Feb 06, 1991 Amended, read third time,
sent to House
165 Senate Jan 30, 1991 Read second time, notice of
general amendments
165 Senate Jan 29, 1991 Committee Report: Favorable 11
165 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
165 Senate Sep 17, 1990 Prefiled, referred to 11
Committee
View additional legislative information at the LPITS web site.
(A3, R10, S165)
AN ACT TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION; AND TO AMEND SECTION 33-4-102, RELATING TO RESERVING A CORPORATE NAME, SO AS TO PROVIDE THAT THE NAME OF A CORPORATION ADMINISTRATIVELY DISSOLVED IS NOT SUBJECT TO RESERVATION FOR A PERIOD OF TWO YEARS FROM THE DATE THE SECRETARY OF STATE SENDS A COPY OF THE CERTIFICATE OF DISSOLUTION TO THE CORPORATION.
Be it enacted by the General Assembly of the State of South Carolina:
Reinstatement; time changed for
SECTION 1. Section 33-14-220(a) of the 1976 Code, as amended by Act 659 of 1988, is amended to read:
"(a) A corporation dissolved administratively under Section 33-14-210 may apply to the Secretary of State for reinstatement at any time after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-4-101; and
(4) contain a certificate from the South Carolina Tax Commission reciting that all taxes owed by the corporation have been paid."
Applicability
SECTION 2. The amendment to Section 33-14-220(a) of the 1976 Code, as contained in Section 1 of this act, is applicable to all corporations in a state of dissolution at the time this act becomes effective regardless of the effective dates of their dissolution.
Corporate name; reservation; limits on
SECTION 3. Section 33-4-102 of the 1976 Code is amended by adding:
"(c) The name of a corporation administratively dissolved under Section 33-14-210 is not subject to reservation for a period of two years from the date the Secretary of State sends a copy of the certificate of dissolution to the corporation as provided by Section 33-14-210(b)."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 15th day of March, 1991.