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"Section 27-40-130. (a) The circuit courts and magistrate courts of this State shall exercise concurrent jurisdiction over any landlord with respect to any conduct in this State governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court of common pleas or magistrate court by the service of process in the manner provided by this section.

(b) If a landlord is not a resident of this State or is a corporation not authorized to do business in this State and engaged in any conduct in this State governed by this chapter, or engaged in a transaction subject to this chapter, he may designate an agent upon whom service of process may be made in this State. The agent must be a resident of this State or a corporation authorized to do business in this State. The designation must be in writing and filed with the Secretary of State Attorney General. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State Attorney General, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail requiring a signed receipt to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section must be filed with the court of the county wherein the action is instituted on or before the return day of the process, if any, or within any further time the court allows."

SECTION 150. Section 30-7-10 of the 1976 Code is amended to read:

"Section 30-7-10. All deeds of conveyance of lands, tenements, or hereditaments, either in fee simple or for life, all deeds of trust or instruments in writing conveying estate, creating a trust in regard to the property, or charging or encumbering it, all mortgages or instruments in writing in the nature of a mortgage of any real property, all marriage settlements, or instruments in the nature of a settlement of a marriage, all leases or contracts in writing made between landlord and tenant for a longer period than twelve months, all statutory liens on buildings and lands for materials or labor furnished on them, all statutory liens on ships and vessels, all certificates of renunciation of dower, all contracts for the purchase and sale of real property, all assignments, satisfactions, releases, and contracts in the nature of subordinations, waivers, and extensions of landlords' liens, laborers' liens, sharecroppers' liens, or other liens on real

SECTION 151. Section 31-1-110 of the 1976 Code is amended to read:

"Section 31-1-110. Any number of natural persons, not less than three, a majority of whom are citizens of the United States, may become a limited dividend housing corporation by subscribing, acknowledging and filing in the office of the Secretary of State Department of Commerce articles of incorporation, hereinafter called `articles,' setting forth the information required by Chapter 7 of Title 33; except as herein modified or changed."

SECTION 152. Section 31-3-340 of the 1976 Code, as last amended Acts 360 and 361 of 1994, is further amended to read:

"Section 31-3-340. When the council of a municipality adopts a resolution as provided in this chapter, the council shall appoint five persons as commissioners of the authority created for the municipality. However, two additional commissioners may be appointed, for terms of five years, when the authority exercises extraterritorial jurisdiction outside the corporate boundaries of the municipality. These two additional commissioners must reside in the area in which the municipality exercises its extraterritorial jurisdiction. The commissioners who are first appointed must be designated to serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment, but thereafter commissioners must be appointed for a term of office of five years except that all vacancies must be filled for the unexpired term, except that the

SECTION 153. Section 31-3-370 of the 1976 Code, as last amended by Acts 360 and 361 of 1994, is further amended to read:

"Section 31-3-370. For inefficiency, neglect of duty, or misconduct in office a commissioner of an authority may be removed by the council, but a commissioner may be removed only after he has been given a copy of the charges at least ten days before the hearing on it and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner a record of the proceedings, together with the charges and findings on it must be filed in the office of the clerk of the circuit court of the county in which the city is located, in the office of the Secretary of State Governor, and in the office of the Secretary of Commerce."

SECTION 154. Section 31-10-30 of the 1976 Code is amended to read:

"Section 31-10-30. (a) Each municipality is authorized to create one or more separate and distinct bodies corporate and politic to be known as a redevelopment commission of the municipality by the passage by the governing body of such municipality of an ordinance creating a commission to function within the territorial limits of the municipality or portion of the municipality; provided, however, no commission may be created with power over the same territorial area as any other commission. Notice of the intent to consider the passage of such ordinance shall be published at least fifteen days prior to first reading of the ordinance creating the commission.

(b) The governing body of a municipality shall not adopt an ordinance pursuant to subsection (a) above unless it finds:

(1) that a blighted area or conservation area exists in whole or in part in such municipality,

(2) that the redevelopment of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.

(d) In any suit, action, or proceeding involving or relating to the validity or enforcement of any contract or act of a commission, a copy of the certificate of incorporation duly certified by the Secretary of State is admissible in evidence and is conclusive proof of the legal establishment of the commission."

SECTION 155. Section 31-13-30 of the 1976 Code, as last amended by Act 410 of 1992, is further amended to read:

"Section 31-13-30. The Governor shall appoint, with the advice and consent of the Senate, seven persons to be commissioners of the South Carolina State Housing Finance and Development Authority. The seven persons so appointed shall have experience in the fields of mortgage finance, banking, real estate, and home building. The Governor shall appoint a chairman from among the seven commissioners.

The commissioners must be appointed for terms of four years, except that all vacancies must be filled for the unexpired term. A commissioner shall hold office until his successor has been appointed and qualifies. A certificate of the appointment or reappointment of any commissioner must be filed in the office of the Secretary of State Governor and in the office of the Authority, and the certificate is conclusive evidence of the due and proper appointment of the commissioner. The Governor or his designee and the State Commissioner of Health and Environmental Control or his designee from his administrative staff shall serve ex officio as commissioners of the Authority with the same powers as the other commissioners."

SECTION 156. Section 33-1-200 of the 1976 Code is amended to read:

"Section 33-1-200. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies from these requirements, to be entitled to filing by the Secretary of State Department of Commerce.

(b) Chapters 1 through 20 of this Title must require or permit filing the document in the office of the Secretary of State Department of Commerce.

(c) The document must contain the information required by Chapters 1 through 20 of this Title. It may contain other information as well.

(d) The document must be typewritten or printed.

(f) The document must be executed:

(1) by the chairman of the board of directors of a domestic or foreign corporation, or by its president, or by another of its officers;

(2) if directors have not been selected or the corporation has not been formed, by an incorporator; or

(3) if the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.

(g) The person executing the document shall sign it and state beneath or opposite his signature his name and the capacity in which he signs. The document may but need not contain: (1) the corporate seal, (2) an attestation by the secretary or an assistant secretary, and (3) an acknowledgment, verification, or proof.

(h) If the Secretary of State Department of Commerce has prescribed a mandatory form for the document under Section 33-1-210, the document must be in or on the prescribed form.

(i) The document must be delivered to the office of the Secretary of State Department of Commerce for filing and must be accompanied by one exact or conformed copy (except as provided in Sections 33-5-103 and 33-15-109), the correct filing fee, and any franchise tax, license fee, or penalty required by the act or other law."

SECTION 157. Section 33-1-210 of the 1976 Code, as last amended by Section 512, Act 181 of 1993, is further amended to read:

"Section 33-1-210. (a) The Secretary of State Department of Commerce may prescribe and furnish on request forms for:

(1) an application for a certificate of existence,

(2) a foreign corporation's application for a certificate of authority to transact business in this State,

(3) a foreign corporation's application for a certificate of withdrawal, and

(4) in conjunction with the Department of Revenue and Taxation, the annual report. If the Secretary of State Department of Commerce so requires, use of these forms is mandatory. The Secretary of State Department of Commerce, through regulation, may prescribe a mandatory form in regard to any other forms required or permitted by Chapters 1 through 20 of this Title to be filed in his office. All such mandatory

(b) The Secretary of State Department of Commerce may prescribe and furnish on request forms for other documents required or permitted to be filed by Chapters 1 through 20 of this Title but their use is not mandatory."

SECTION 158. Section 33-1-220 of the 1976 Code, as last amended by Act 378 of 1994, is further amended to read:

"Section 33-1-220. (a) The Secretary of State Department of Commerce shall collect the following fees when the documents described in this subsection are delivered to him for filing:
DOCUMENT . . . . .FEE

(1) Articles of incorporation . . . . . $ 10.00.

(2) Application for use of indistinguishable name . . . . . $ 10.00.

(3) Application for reserved name . . . . . $ 10.00.

(4) Notice of transfer of reserved name. . . . . $ 3.00.

(5) Application for registered name . . . . . $ 10.00.

(6) Application for renewal of registered name . . . . .$ 10.00.

(7) Corporation's statement of change of registered agent or registered office or both . . . . .$ 10.00.

(8) Agent's statement of change of registered office for each affected corporation. . . . . $ 2.00.

(9) Agent's statement of resignation . . . . .$ 3.00.

(10) Amendment of articles of incorporation . . . . .$ 10.00.

(11) Restatement of articles of incorporation with amendment of articles. . . . .$ 10.00.

(12) Articles of merger or share exchange . . . . .$ 10.00.

(13) Articles of dissolution . . . . .$ 10.00.

(14) Articles of revocation of dissolution . . . . .$ 10.00.

(15) Certificate of administrative dissolution. . . . .No fee.

(16) Application for reinstatement following administrative dissolution . . . . . $ 25.00.

(17) Certificate of reinstatement . . . . . No fee.

(18) Certificate of judicial dissolution . . . . .No fee.

(19) Application for certificate of authority . . . . .$ 10.00.

(20) Application for amended certificate of authority. . . . . $ 10.00.

(21) Application for certificate of withdrawal. . . . .$ 10.00.

(22) Certificate of revocation of authority to transact business. . . . .No fee.

(24) Articles of correction. . . . . $ 10.00.

(25) Application for certificate of existence or authorization . . . . .$ 2.00.

(26) Any other document required or permitted to be filed by this act. . . . . $ 10.00.

(b) The Secretary of State Department of Commerce shall collect a fee of ten dollars each time process is served on him under Chapters 1 through 20 of this Title. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.

(c) The Secretary of State Department of Commerce shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:

(1) for copying, one dollar for the first page and fifty cents for each additional page; and

(2) two dollars for the certificate.

(d) Before filing any of the following documents, the Secretary of State Department of Commerce shall collect the following taxes which must be remitted to the State Treasurer for use of the State:

(1) articles of incorporation, one hundred dollars plus the minimum license fee imposed pursuant to Chapter 19 of Title 12;

(2) amendment to articles of incorporation, one hundred dollars;

(3) articles of merger or share exchange, one hundred dollars;

(4) application by a foreign corporation for a certificate of authority to do business in South Carolina, one hundred dollars plus the minimum license fee imposed pursuant to Chapter 19 of Title 12;

(5) amendment by a foreign corporation of its certificate of authority, one hundred dollars."

SECTION 159. Section 33-1-230 of the 1976 Code is amended to read:

"Section 33-1-230. (a) Except as provided in subsection (b) of this section and Section 33-1-240(c), a document accepted for filing is effective:

(1) at the time for filing on the date it is filed, as evidenced by the Secretary of State's Department of Commerce's date and time endorsement on the original document; or

(2) at the time specified in the document as its effective time on the date it is filed.

SECTION 160. Section 33-1-240 of the 1976 Code is amended to read:

"Section 33-1-240. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State Department of Commerce if the document (1) contains an incorrect statement or (2) was defectively executed, attested, sealed, verified, or acknowledged.

(b) A document is corrected:

(1) by preparing articles of correction that (i) describe the document (including its filing date) or attach a copy of it to the articles, (ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement or defective execution; and

(2) by delivering the articles to the Secretary of State Department of Commerce for filing.

(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed."

SECTION 161. Section 33-1-250 of the 1976 Code is amended to read:

"Section 33-1-250. (a) If a document delivered to the office of the Secretary of State Department of Commerce for filing satisfies the requirements of Section 33-1-200, the Secretary of State Department of Commerce shall file it.

(b) The Secretary of State Department of Commerce files a document by stamping or otherwise endorsing `Filed', together with his name and official title and the date and time of receipt, on both the original and document copy, together with a further endorsement that the document copy is a true copy of the original document. After filing a document, except as provided in Sections 33-5-103 and 33-15-200, the Secretary of State Department of Commerce shall deliver the document copy to the domestic or foreign corporation or its representative and the document copy must be retained as a part of the permanent records of the corporation.

(d) The Secretary of State's Department of Commerce's duty to file documents under this section is ministerial. His filing or refusing to file a document does not:

(1) affect the validity or invalidity of the document in whole or part;

(2) relate to the correctness or incorrectness of information contained in the document;

(3) create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect."

SECTION 162. Section 33-1-260 of the 1976 Code is amended to read:

"Section 33-1-260. (a) If the Secretary of State Department of Commerce refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within thirty days after the return of the document to the Circuit Court of Richland County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's Department of Commerce's explanation of his refusal to file.

(b) The court may summarily order the Secretary of State Department of Commerce to file the document or take other action the court considers appropriate.

(c) The court's final decision may be appealed as in other civil proceedings."

SECTION 163. Section 33-1-270 of the 1976 Code is amended to read:

"Section 33-1-270. A certificate attached to a copy of a document filed by the Secretary of State Department of Commerce, bearing his signature (which may be in facsimile) and the seal of this State, is conclusive evidence that the original document is on file with the Secretary of State Department of Commerce and must be taken and received in all courts, public offices, official bodies, and in all proceedings as prima facie evidence of the facts therein stated."

SECTION 164. Section 33-1-280 of the 1976 Code is amended to read:

"Section 33-1-280. (a) Anyone may apply to the Secretary of State Department of Commerce to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.

(1) the domestic corporation's corporate name or the foreign corporation's corporate name used in this State;

(2) that (i) the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or (ii) the foreign corporation is authorized to transact business in this State;

(3) that all fees, taxes, and penalties owed to the Secretary of State Department of Commerce have been paid;

(4) that the Secretary of State Department of Commerce has not mailed notice to the corporation pursuant to either Section 33-14-210 or 33-15-310 that the corporation is subject to being dissolved or its authority revoked;

(5) that articles of dissolution have not been filed; and

(6) other facts of record in the office of the Secretary of State Department of Commerce that may be requested by the applicant.

(c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State Department of Commerce may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State."

SECTION 165. Section 33-1-290 of the 1976 Code is amended to read:

"Section 33-1-290. (a) A person commits an offense if he signs a document he knows is false in any material respect (including an omission of a material fact necessary in order to make the statements made in light of the circumstances under which they were made, not misleading) with intent that the document be delivered to the Secretary of State Department of Commerce for filing.

(b) An offense under this section is a misdemeanor punishable by a fine of not to exceed five hundred dollars.

(c) Any person who violates subsection (a) is liable to any person who is damaged thereby."

SECTION 166. Section 33-1-300 of the 1976 Code is amended to read:

"Section 33-1-300. The Secretary of State Department of Commerce has the power reasonably necessary to perform the duties required of him by Chapters 1 through 20 of this title."

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