(a) Notice may be oral or written.
(b) Notice may be communicated in person; by telephone, telegraph, teletype, facsimile transmission (FAX), or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published; or by radio, television, or other form of public broadcast communications.
(c) Oral notice is permissible if reasonable under the circumstances and is effective when communicated if communicated in a comprehensible manner. Oral notice also includes notice through broadcast transmission.
(d) Written notice, if in a comprehensible form, is effective at the earliest or the following:
(1) when received;
(2) five days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed;
(3) on the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee;
(4) fifteen days after its deposit in the United States mail, if mailed correctly addressed and with other than first class, registered, or certified postage affixed.
(e) Written notice is correctly addressed to a member of a domestic or foreign corporation if addressed to the member's address shown in the corporation's current list of members.
(f) A written notice or report delivered as part of a newsletter, magazine or other publication regularly sent to members constitutes a written notice or report if addressed or delivered to the member's address shown in the corporation's current list of members, or in the case of members who are residents of the same household and who have the same address in the corporation's current list of members, if addressed or delivered to one of such members, at the address appearing on the current list of members.
(g) Written notice is correctly addressed to a domestic or foreign corporation, authorized to transact business in this State, other than in its capacity as a member, if addressed to its registered agent or to its secretary at its principal office shown in its most recent Notice of Change of Principal Office and if none has been filed, in its articles of incorporation or application for certificate of authority.
(h) If Section 33-31-705(b) or any other provision of this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles or bylaws prescribe notice requirements, not inconsistent with this section or other provisions of this chapter, those requirements govern.
HISTORY: 1994 Act No. 384, Section 1.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 31 - South Carolina Nonprofit Corporation Act
Section 33-31-101. Short title.
Section 33-31-102. Reservation of power to amend or repeal.
Section 33-31-120. Filing requirements.
Section 33-31-122. Filing, service, and copying fees.
Section 33-31-123. Effective date of document.
Section 33-31-124. Correcting filed document.
Section 33-31-125. Filing duty of the Secretary of State.
Section 33-31-126. Appeal from Secretary of State's refusal to file document.
Section 33-31-127. Evidentiary effect of copy of filed document.
Section 33-31-128. Certificate of existence.
Section 33-31-129. Penalty for signing false document.
Section 33-31-140. Definitions.
Section 33-31-150. Private foundations.
Section 33-31-151. Express amendment excluding application of Section 33-31-150.
Section 33-31-152. Rights of State are not impaired.
Section 33-31-160. Judicial relief.
Section 33-31-170. Attorney General.
Section 33-31-171. Investigation by Attorney General authorized.
Section 33-31-172. Requesting permission to make examinations.
Section 33-31-173. Use of information is restricted.
Section 33-31-174. Forfeiture of right to operate for refusing examination.
Section 33-31-175. Provisions are cumulative.
Section 33-31-180. Religious corporations; Constitutional protections.
Section 33-31-201. Incorporators.
Section 33-31-202. Articles of incorporation.
Section 33-31-203. Incorporation.
Section 33-31-204. Liability for preincorporation transactions.
Section 33-31-205. Organization of corporation.
Section 33-31-207. Emergency bylaws and powers.
Section 33-31-302. General powers.
Section 33-31-303. Emergency powers.
Section 33-31-304. Ultra vires.
Section 33-31-305. Powers of corporations created by legislative authority before 1900.
Section 33-31-401. Corporate name.
Section 33-31-402. Reserved name.
Section 33-31-403. Registered name of a foreign corporation.
Section 33-31-404. Name change filing requirement when real property owned.
Section 33-31-501. Registered office and registered agent.
Section 33-31-502. Change of registered office or registered agent.
Section 33-31-503. Resignation of registered agent.
Section 33-31-504. Service on corporation.
Section 33-31-505. Notice of Change of Principal Office.
Section 33-31-602. Consideration.
Section 33-31-603. No requirement of members.
Section 33-31-610. Differences in rights and obligations of members.
Section 33-31-612. Member's liability to third parties.
Section 33-31-620. Resignation.
Section 33-31-621. Termination, expulsion, and suspension.
Section 33-31-622. Purchase of memberships.
Section 33-31-630. Derivative suits.
Section 33-31-701. Annual and regular meetings.
Section 33-31-702. Special meetings.
Section 33-31-703. Court-ordered meeting.
Section 33-31-704. Action by written consent.
Section 33-31-705. Notice of meeting.
Section 33-31-706. Waiver of notice.
Section 33-31-707. Record date; determining members entitled to notice and vote.
Section 33-31-708. Action by written or electronic ballot.
Section 33-31-720. Members' list for voting.
Section 33-31-721. Voting entitlement generally.
Section 33-31-722. Quorum requirements.
Section 33-31-723. Voting requirements.
Section 33-31-725. Cumulative voting for directors.
Section 33-31-726. Other methods of electing directors.
Section 33-31-727. Corporation's acceptance of votes.
Section 33-31-730. Voting agreements.
Section 33-31-801. Requirement for and duties of board.
Section 33-31-802. Qualifications of directors.
Section 33-31-803. Number of directors.
Section 33-31-804. Election, designation, and appointment of directors.
Section 33-31-805. Terms of directors generally.
Section 33-31-806. Staggered terms for directors.
Section 33-31-807. Resignation of directors.
Section 33-31-808. Removal of directors elected by members or directors.
Section 33-31-809. Removal of designated or appointed directors.
Section 33-31-810. Removal of directors by judicial proceeding.
Section 33-31-811. Vacancy on board.
Section 33-31-812. Compensation of directors.
Section 33-31-820. Regular and special meetings.
Section 33-31-821. Action without meeting.
Section 33-31-822. Call and notice of meetings.
Section 33-31-823. Waiver of notice.
Section 33-31-824. Quorum and voting.
Section 33-31-825. Committees.
Section 33-31-830. General standards for directors.
Section 33-31-831. Director conflict of interest.
Section 33-31-832. Loans or guarantees for directors and officers.
Section 33-31-833. Liability for unlawful distributions.
Section 33-31-834. Immunity from suit.
Section 33-31-840. Required officers.
Section 33-31-841. Duties and authority of officers.
Section 33-31-842. Standards of conduct for officers.
Section 33-31-843. Resignation and removal of officers.
Section 33-31-844. Contract rights of officers.
Section 33-31-850. Definitions.
Section 33-31-851. Authority to indemnify.
Section 33-31-852. Mandatory indemnification.
Section 33-31-853. Advances for expenses.
Section 33-31-854. Court-ordered indemnification.
Section 33-31-855. Determination and authorization of indemnification.
Section 33-31-856. Indemnification of officers, employees, and agents.
Section 33-31-858. Application of article.
Section 33-31-1001. Authority to amend articles of incorporation.
Section 33-31-1002. Amendment of articles by directors.
Section 33-31-1003. Amendment of articles by directors and members.
Section 33-31-1004. Class voting by members on amendments.
Section 33-31-1005. Articles of amendment.
Section 33-31-1006. Restated articles of incorporation.
Section 33-31-1007. Amendment pursuant to judicial reorganization.
Section 33-31-1008. Effect of amendment and restatement.
Section 33-31-1020. Amendment of bylaws by directors.
Section 33-31-1021. Amendment of the bylaws by directors and members.
Section 33-31-1022. Class voting on bylaw amendment by members.
Section 33-31-1023. Bylaw increasing quorum or voting requirement for members.
Section 33-31-1024. Bylaw increasing quorum or voting requirement for directors.
Section 33-31-1030. Approval of the articles of incorporation and bylaws by third persons.
Section 33-31-1031. Amendment terminating members or redeeming or canceling memberships.
Section 33-31-1101. Approval of plan of merger.
Section 33-31-1102. Limitations on mergers by public benefit or religious corporations.
Section 33-31-1103. Action on plan by board, members, and third persons.
Section 33-31-1104. Articles of merger.
Section 33-31-1105. Effect of merger.
Section 33-31-1106. Merger with foreign corporation.
Section 33-31-1107. Bequests, devises, and gifts not affected by merger.
Section 33-31-1201. Sale of assets in regular course of activities and mortgage of assets.
Section 33-31-1202. Sale of assets other than in regular course of activities.
Section 33-31-1301. Prohibited distributions.
Section 33-31-1302. Authorized distributions.
Section 33-31-1401. Dissolution by incorporators.
Section 33-31-1402. Dissolution by directors, members, and third persons.
Section 33-31-1403. Notices to the Attorney General.
Section 33-31-1404. Articles of dissolution.
Section 33-31-1405. Revocation of dissolution.
Section 33-31-1406. Effect of dissolution.
Section 33-31-1407. Known claims against dissolved corporation.
Section 33-31-1408. Unknown claims against dissolved corporation.
Section 33-31-1420. Grounds for administrative dissolution.
Section 33-31-1421. Procedure for and effect of administrative dissolution.
Section 33-31-1422. Reinstatement following administrative dissolution.
Section 33-31-1423. Appeal from denial of reinstatement.
Section 33-31-1430. Grounds for judicial dissolution.
Section 33-31-1431. Procedure for judicial dissolution.
Section 33-31-1432. Receivership or custodianship.
Section 33-31-1433. Decree of dissolution.
Section 33-31-1440. Deposit with Department of Revenue and Taxation.
Section 33-31-1501. Authority to transact business required.
Section 33-31-1502. Consequences of transacting business without authority.
Section 33-31-1503. Application for certificate of authority.
Section 33-31-1504. Amended certificate of authority.
Section 33-31-1505. Effect of certificate of authority.
Section 33-31-1506. Corporate name of foreign corporation.
Section 33-31-1507. Registered office and registered agent of foreign corporation.
Section 33-31-1508. Change of registered office or registered agent of foreign corporation.
Section 33-31-1509. Resignation of registered agent of foreign corporation.
Section 33-31-1510. Service on foreign corporations.
Section 33-31-1515. Notice of change of principal office.
Section 33-31-1520. Withdrawal of foreign corporation.
Section 33-31-1531. Procedure and effect of revocation.
Section 33-31-1532. Appeal from revocation.
Section 33-31-1601. Corporate records.
Section 33-31-1602. Inspection of records by members.
Section 33-31-1603. Scope of inspection rights.
Section 33-31-1604. Court-ordered inspection.
Section 33-31-1605. Limitations on use of membership list.
Section 33-31-1620. Financial statements for members.
Section 33-31-1621. Report of indemnification to members.
Section 33-31-1701. Application to Existing Domestic Corporations.
Section 33-31-1702. Application to Qualified Foreign Corporations.
Section 33-31-1703. Saving Provisions.
Section 33-31-1704. Severability.
Section 33-31-1705. Effective Date.
Section 33-31-1706. Public Benefit, Mutual Benefit, and Religious Corporations.