(a) The court in an appraisal proceeding commenced under Section 33-19-250 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, and shall assess the costs against the professional corporation. The court may assess costs against the selling shareholder, in an amount the court finds equitable, if the court finds the shareholder acted arbitrarily, vexatiously, or not in good faith in refusing to accept the corporation's offer.
(b) The court may assess the fees and expenses of counsel and experts for the selling shareholder against the corporation and in favor of the selling shareholder if the court finds that the fair value of his shares substantially exceeded the amount offered by the corporation or that the corporation did not make an offer.
HISTORY: 1988 Act No. 444, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 19 - Professional Corporation Supplement
Section 33-19-101. Short title.
Section 33-19-103. Supplement definitions.
Section 33-19-109. Election of professional corporation status.
Section 33-19-120. General powers.
Section 33-19-130. Rendering professional services.
Section 33-19-140. Prohibited activities.
Section 33-19-150. Corporate name.
Section 33-19-200. Issuance of shares.
Section 33-19-210. Notice of professional corporation status on shares.
Section 33-19-220. Share transfer restriction.
Section 33-19-221. Attempted share transfer in breach of prohibition.
Section 33-19-230. Compulsory acquisition of shares after death or disqualification of shareholder.
Section 33-19-231. Option to purchase shares of a terminated shareholder.
Section 33-19-240. Acquisition procedures.
Section 33-19-250. Court action to appraise shares.
Section 33-19-260. Court costs and fees of experts.
Section 33-19-270. Cancellation of disqualified shares.
Section 33-19-300. Directors and officers.
Section 33-19-310. Voting of shares.
Section 33-19-320. Confidential relationship.
Section 33-19-330. Privileged communications.
Section 33-19-340. Responsibility for professional services.
Section 33-19-410. Termination of professional status.
Section 33-19-420. Judicial dissolution.
Section 33-19-500. Authority to transact business.
Section 33-19-510. Application for certificate of authority.
Section 33-19-520. Revocation of certificate of authority.
Section 33-19-600. Annual report.
Section 33-19-610. Rulemaking by licensing authority.
Section 33-19-620. Licensing authority's regulatory jurisdiction.
Section 33-19-630. Penalty for signing false document.
Section 33-19-700. Application to existing professional corporations.