The first meeting of the corporation must be called by a notice signed by three or more of the incorporators, stating the time, place, and purpose of the meeting, a copy of the notice must be mailed or delivered to each incorporator at least five days before the day appointed for the meeting. The first meeting may be held without such notice upon agreement in writing to that effect signed by all the incorporators. There must be recorded in the minutes of the meeting a copy of the notice or the unanimous agreement of the incorporators.
At the first meeting the incorporators shall organize by choosing by ballot a temporary clerk, by the adoption of bylaws, by the election by ballot of directors, and by action upon those other matters within the powers of the corporation as the incorporators may see fit. The temporary clerk must be sworn and shall make and attest a record of the proceedings. Ten of the incorporators shall be a quorum for the transaction of business.
HISTORY: 1962 Code Section 12-1124; 1958 (50) 1886; 2015 Act No. 60 (S.389), Section 1, eff June 4, 2015.
Effect of Amendment
2015 Act No. 60, Section 1, in the first paragraph, substituted "must be called" for "shall be called", inserted a comma following "place", substituted "copy of which notice shall be" for "copy of the notice must be", substituted "There must be recorded" for "There shall be recorded", and substituted "or the unanimous agreement" for "or of such unanimous agreement"; in the second paragraph, substituted "At the first meeting" for "At such first meeting", substituted "organize by choosing by ballot" for "organize by the choice by ballot of", inserted a comma following "directors", substituted "upon those other matters" for "upon such other matters", and substituted "clerk must be sworn" for "clerk shall be sworn".
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 37 - Business Development Corporations
Section 33-37-10. Definitions.
Section 33-37-20. Deposit of funds.
Section 33-37-30, 33-37-40. Reserved.
Section 33-37-60. Credit of State is not pledged.
Section 33-37-210. Filing declaration of charter; contents.
Section 33-37-220. Additional contents of declaration of charter.
Section 33-37-230. Charter shall be void unless business begun within three years.
Section 33-37-240. Calling first meeting; organization; quorum.
Section 33-37-260. Amendment of charter.
Section 33-37-270. Approval by Secretary of State and filing of articles of amendment.
Section 33-37-280. Subsidiary business entities.
Section 33-37-410. Who may become members, stockholders or bondholders.
Section 33-37-420. Application for membership.
Section 33-37-430. Duration of membership; withdrawal.
Section 33-37-440. Powers of stockholders and members.
Section 33-37-450. Voting by stockholders and members.
Section 33-37-460. Loans to corporation by members.
Section 33-37-465. Short-term loans to corporation by members.
Section 33-37-470. Authorization for issuance of new classes of stock.
Section 33-37-610. Management of corporation.
Section 33-37-620. Board of directors; membership; powers.
Section 33-37-630. Election of directors; vacancies.
Section 33-37-640. Liability for losses.
Section 33-37-910. Applicability of the Business Corporation Act.
Section 33-37-1010. Definitions.
Section 33-37-1020. Establishment of program; loan loss reserve.
Section 33-37-1030. Participating financial institution; execution of agreement.
Section 33-37-1040. Participating financial institutions; functions and duties.
Section 33-37-1050. Business Development Corporation; transfers to loss reserve account; reports.
Section 33-37-1060. Release of funds to cover losses by participating financial institutions.
Section 33-37-1080. Discontinuance of participation by participating financial institution.