In this chapter, unless the context otherwise requires:
(1) "Person" means any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision, or agency thereof, or any body politic.
(2) "Member" means each incorporator of a cooperative and each person admitted to and retaining membership therein and includes a husband and wife admitted to joint membership.
(3) "Articles of incorporation" means the articles of conversion of a corporation converted to a telephone cooperative pursuant to Article 8 of this chapter.
(4) "Telephone cooperative" means a corporation which is financed, now or formerly, in whole or in part by the Department of Agriculture made under the provisions of the Rural Electric Act of 1936, Title 26, Section 922 of the United States Code, and acts amendatory thereto for the purposes of owning or operating in this State equipment or facilities for the transmission of intelligence through a communication service system including, but not limited to, telephone services, mobile radio, and cable television on a cooperative basis as is tax exempt pursuant to Internal Revenue Service Code 501(c)(12) or an association of like corporations exempt from tax pursuant to 501(c)(6), or operated under a cooperative basis pursuant to Subchapter T of the Internal Revenue Code and originally incorporated pursuant to Title 33, Chapter 45 of the South Carolina Code of Laws or this chapter.
(5) "Telephone service" means the providing of communication service including, but not limited to, the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds through the use of electricity or the electromagnetic spectrum between the transmitting and receiving apparatus, together with any communication services requiring band-width capacity, community antenna, and cable television services and including all lines, wires, radio, lights, electromagnetic impulse and all facilities, systems, or other means used in the rendition of such services, but not including message telegram service or radio broadcasting services or facilities within the meaning of Section 3(o) of the Federal Communications Act of 1934, as amended (47 USC Section 153(o)).
HISTORY: 1994 Act No. 392, Section 1.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 46 - Telephone Cooperative Act
Section 33-46-10. Short title.
Section 33-46-20. Definitions.
Section 33-46-30. Notice of meeting; waiver.
Section 33-46-40. Subject to jurisdiction of Public Service Commission; rights and privileges.
Section 33-46-50. Title 35 not applicable to indebtedness.
Section 33-46-60. Construction of chapter.
Section 33-46-70. No repeal of provisions by implication.
Section 33-46-80. Subject to tax laws for cooperatives.
Section 33-46-100. Rights, privileges, and responsibilities.
Section 33-46-220. Organization.
Section 33-46-230. Articles of incorporation.
Section 33-46-240. Naming of telephone cooperative.
Section 33-46-300. Powers of telephone cooperatives.
Section 33-46-310. Representation of ownership interests; voting.
Section 33-46-320. Bylaws; adoption, amendment, or repeal; contents.
Section 33-46-330. Sale of assets; procedures.
Section 33-46-340. Authority to mortgage or pledge of security of assets.
Section 33-46-400. Membership of telephone cooperative.
Section 33-46-430. Voting procedures.
Section 33-46-450. Entitlement to vote; voting by proxy.
Section 33-46-470. Members and their property exempt from liability for cooperative's debts.
Section 33-46-500. Number and qualifications of directors; removal and election of successors.
Section 33-46-510. Implementation or exercise of emergency bylaws and powers.
Section 33-46-530. Indemnification of expenses of successful director's defense or proceeding.
Section 33-46-540. General standards for directors.
Section 33-46-550. Directors from different districts in service area; staggered elections.
Section 33-46-600. Requirements for amending articles of incorporation.
Section 33-46-610. Change of location of principal office; filing of certificate.
Section 33-46-620. Consolidation of cooperatives.
Section 33-46-630. Merging of cooperatives.
Section 33-46-640. Effect of consolidation or merger.
Section 33-46-650. Merger of telephone cooperative into different corporation.
Section 33-46-700. Dissolution of telephone cooperative prior to commencement of business.
Section 33-46-710. Dissolution of telephone cooperative which has commenced business.
Section 33-46-720. Recommendation of dissolution; membership vote; meeting; notice.
Section 33-46-730. Certificate of election to dissolve.
Section 33-46-740. Filing of certificate and affidavit.
Section 33-46-750. Notice of winding up proceedings.
Section 33-46-760. Directors' powers to settle affairs.
Section 33-46-770. Execution of articles of dissolution.
Section 33-46-800. Conversion of existing corporation into telephone cooperative.
Section 33-46-810. Proposed articles of conversion; contents; approval.
Section 33-46-820. Vote of members on proposed articles of conversion.
Section 33-46-830. Approved articles of conversion; execution.