(a) A record shareholder may assert dissenters' rights as to fewer than all the shares registered in his name only if he dissents with respect to all shares beneficially owned by any one person and notifies the corporation in writing of the name and address of each person on whose behalf he asserts dissenters' rights. The rights of a partial dissenter under this subsection are determined as if the shares to which he dissents and his other shares were registered in the names of different shareholders.
(b) A beneficial shareholder may assert dissenters' rights as to shares held on his behalf only if he dissents with respect to all shares of which he is the beneficial shareholder or over which he has power to direct the vote. A beneficial shareholder asserting dissenters' rights to shares held on his behalf shall notify the corporation in writing of the name and address of the record shareholder of the shares, if known to him.
HISTORY: Derived from 1976 Code Section 33-11-270 [1962 Code Section 12-16.27; 1952 Code Sections 12-459 to 12-462, 12-633 to 12-635; 1942 Code Sections 7706, 7759; 1932 Code Sections 7706, 7759; 1925 (34) 246; 1926 (34) 1052; 1962 (52) 1996; 1963 (53) 327; 1981 Act No. 146, Section 2; Repealed, 1988 Act No. 444, Section 2]; 1988 Act No. 444, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 13 - Dissenters' Rights
Section 33-13-101. Definitions.
Section 33-13-102. Right to dissent.
Section 33-13-103. Dissent by nominees and beneficial owners.
Section 33-13-200. Notice of dissenters' rights.
Section 33-13-210. Notice of intent to demand payment.
Section 33-13-220. Dissenters' notice.
Section 33-13-230. Shareholders' payment demand.
Section 33-13-240. Share restrictions.
Section 33-13-260. Failure to take action.
Section 33-13-270. After-acquired shares.
Section 33-13-280. Procedure if shareholder dissatisfied with payment or offer.