(a) If authorized by the articles of incorporation, the shareholders may adopt or amend a bylaw that fixes a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by Chapters 1 thru 20 of this title. The adoption or amendment of a bylaw that adds, changes, or deletes a greater quorum or voting requirement for shareholders must meet the same quorum requirement and be adopted by the same vote and voting groups required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is greater.
(b) A bylaw that fixes a greater quorum or voting requirement for shareholders under subsection (a) may not be adopted, amended, or repealed by the board of directors.
HISTORY: 1988 Act No. 444, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 10 - Amendment Of Articles Of Incorporation And Bylaws
Section 33-10-101. Authority to amend.
Section 33-10-102. Amendment by board of directors.
Section 33-10-103. Amendment by board of directors and shareholders.
Section 33-10-104. Voting on amendments by voting groups.
Section 33-10-105. Amendment before issuance of shares.
Section 33-10-106. Articles of amendment.
Section 33-10-107. Restated articles of incorporation.
Section 33-10-108. Amendment pursuant to reorganization.
Section 33-10-109. Effect of amendment.
Section 33-10-110. Conversion to nonprofit public benefit corporation.
Section 33-10-200. Amendment by board of directors or shareholders.
Section 33-10-210. Bylaw increasing quorum or voting requirement for shareholders.
Section 33-10-220. Bylaw increasing quorum or voting requirement for directors.