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COMMITTEE REPORT
March 6, 2002
H. 3032
S. Printed 3/6/02--S.
Read the first time February 13, 2001.
To whom was referred a Bill (H. 3032) to amend the Code of Laws of South Carolina, 1976, by adding Section 33-1-103 so as to allow specified corporations or partnerships to designate in writing an employee, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 25, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 33-1-103. A corporation or partnership, as defined in this section, may designate an employee or principal of the corporation or partnership to represent it in magistrates court. This designation must be in writing and must be submitted to the magistrate at the time the initial pleading in the case is filed by the party. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person so designated, while representing the corporation or partnership in magistrates court, is not engaging in the unauthorized practice of law.
As used in this section, a corporation or partnership is defined as a general partnership, a limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation." /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-1-103 SO AS TO ALLOW SPECIFIED CORPORATIONS OR PARTNERSHIPS TO DESIGNATE IN WRITING AN EMPLOYEE OR PRINCIPAL WHO MAY REPRESENT THE CORPORATION OR PARTNERSHIP IN MAGISTRATES COURT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE CORPORATION OR PARTNERSHIP IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 33-1-103. A corporation or partnership, as defined in this section, may designate in writing an employee or principal of the corporation or partnership to represent it in magistrates court. Notwithstanding the provisions of Chapter 5 of Title 40 or any other provision of law, the person designated, while representing the corporation or partnership in magistrates court, is not engaged in the unauthorized practice of law.
As used in this section, a corporation or partnership is defined as a general partnership, A limited liability partnership, a limited liability company, a limited partnership, a professional association, a professional corporation, a nonprofit corporation, a business corporation, or a statutory close corporation."
SECTION 2. This act takes effect upon approval by the Governor.
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