The original bylaws of a corporation not-for-profit must be adopted by its incorporators. After that, bylaws must be adopted, amended, or repealed by the members, except that the corporation's governing body may enact emergency bylaws in the same manner as provided for nonprofit corporations in Section 33-31-207. The governing board also may adopt changes to the bylaws by a two-thirds vote when necessary to conform with state or federal laws governing the operation of the corporation or the services provided by the corporation. This power to amend the bylaws by the board may not be used to conform to permissive powers granted in state or federal legislation or to undertake services not already provided by the corporation.
HISTORY: 2000 Act No. 404, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 36 - Corporations Not-for-profit Financed By Federal Or State Loans
Section 33-36-10. "Corporation not-for-profit" defined.
Section 33-36-210. Articles of incorporation.
Section 33-36-220. When corporation constituted.
Section 33-36-240. Amendment of charter and articles of incorporation.
Section 33-36-250. Conformance to provisions of Sections 33-36-10 and 33-36-20.
Section 33-36-270. Additional powers.
Section 33-36-290. Effect of irregularity in complying with provisions of chapter.
Section 33-36-300. Amendment of bylaws; emergency bylaws.
Section 33-36-410. Use of services provided as condition of membership.
Section 33-36-420. Annual meetings.
Section 33-36-450. Member petitions.
Section 33-36-460. Private property of members exempted from liability for debt of corporation.
Section 33-36-610. Governing board; powers; membership.
Section 33-36-630. Indemnification of board members who become parties to proceedings.
Section 33-36-640. Standards for board members.
Section 33-36-650. Election of board members; district representation; terms.
Section 33-36-810. Sale of assets.
Section 33-36-820. Consolidation.
Section 33-36-840. Effect of consolidation or merger.
Section 33-36-1030. Certificate of election to dissolve; affidavit of compliance.
Section 33-36-1040. Submission of certificate of dissolution and affidavit to Secretary of State.
Section 33-36-1050. Winding up and settling affairs.
Section 33-36-1060. Notice of winding up proceedings.
Section 33-36-1070. Articles of dissolution.
Section 33-36-1210. Corporations organized under Chapter 35 of Title 33.
Section 33-36-1315. Resolution to become public service district; notice; petition; vote.
Section 33-36-1320. Petition for charter.
Section 33-36-1330. Appointment or election of board members.
Section 33-36-1340. Election of commissioners.
Section 33-36-1350. Election of officers by the board.