(a) A domestic business or nonprofit corporation's registered agent is the agent of the corporation for service of any process, notice, or demand required or permitted by law to be served, and the service is binding upon the corporation.
(b) The business or nonprofit corporation may be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by registered or certified mail, return receipt requested, addressed to the office of the registered agent, or the office of the secretary of the corporation at its principal office. Service is effective upon the date of delivery as shown on the return receipt. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8).
(c) If the business or nonprofit corporation has no registered agent, or the agent cannot be served with reasonable diligence by means authorized by rule or statute, other than under Section 15-9-710, and such appears by affidavit, the court or judge thereof, the clerk of the court of common pleas or the master may grant an order that the corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the corporation at its principal office. The summons shall state the date it was mailed under this subsection, and the date service is effective. Service is perfected five days after its deposit in the United States mail, as evidenced by the postmark, or other evidence of the date the summons and complaint was mailed pursuant to this paragraph, if mailed postpaid and correctly addressed to the address of the company's principal office which is listed on the last filed annual report of the business corporation or last filed notice of change of principal office for a nonprofit corporation or, if none has been filed, the address of the principal office specified in the initial annual report of the business corporation filed with the South Carolina Department of Revenue and, in the Articles of Incorporation (or initial annual report, if filed) for a nonprofit corporation. Entry of judgment and judgment by default may be taken as otherwise provided by Rule 55 of the Rules of Civil Procedure.
(d) This section does not prescribe the only means, or necessarily the required means, of serving a domestic business or nonprofit corporation.
HISTORY: 1962 Code Section 10-421; 1952 Code Section 10-421; 1942 Code Section 434; 1932 Code Section 434; Civ. P. '22 Section 390; Civ. P. '12 Section 184; Civ. P. '02 Section 155; 1870 (14) 456 Section 157; 1873 (15) 497; 1882 (18) 256; 1883 (18) 437; 1887 (19) 835; 1892 (21) 404; 1899 (23) 42; 1927 (35) 292; 1940 (41) 1831; 1941 (42) 275; 1947 (45) 322; 1964 (53) 1830; 1981 Act No. 146, Section 4; 1988 Act No. 444, Section 3; 1993 Act No. 42, Section 1; 1993 Act No. 181, Section 258; 1994 Act No. 384, Section 2.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally
Section 15-9-15. Affidavit as proof of service by publication.
Section 15-9-17. Service of summons, complaint or other judicial documents on Sunday.
Section 15-9-210. Service of process on domestic corporations.
Section 15-9-220. Service on corporations generally; who is deemed to be agent of railroad.
Section 15-9-230. Service on corporations generally; qualification as to foreign corporations.
Section 15-9-240. Service of process on authorized foreign corporation.
Section 15-9-245. Service of process on foreign corporation not authorized to do business in state.
Section 15-9-250. Service on foreign rural electric cooperatives.
Section 15-9-270. Service on insurance companies.
Section 15-9-280. Service on unauthorized insurer.
Section 15-9-285. Service on unauthorized insurer through service on Chief Insurance Commissioner.
Section 15-9-290. Service on unauthorized insurer; alternative method.
Section 15-9-310. Service on attorney of reciprocal insurance subscribers.
Section 15-9-320. Service on joint-stock companies.
Section 15-9-330. Service on unincorporated associations.
Section 15-9-370. Service on nonresident motor vehicle drivers and motor carriers.
Section 15-9-390. Service on nonresident operators of aircraft.
Section 15-9-415. Service on nonresident vessel operators.
Section 15-9-420. Service on certain traveling shows.
Section 15-9-430. Service on nonresident directors of domestic corporations.
Section 15-9-440. Service on trustees of inter vivos trusts.
Section 15-9-450. Service on nonresident individual fiduciaries.
Section 15-9-460. Service on certain nurserymen.
Section 15-9-710. When service by publication may be had.
Section 15-9-720. Service on unknown parties by publication for certain real property actions.
Section 15-9-730. Service on certain domestic corporations by publication.