(A) An association whose term of existence has expired may apply to the Secretary of State for reinstatement within two years after the effective date of expiration. The application must:
(1) recite the name of the association and the effective date of its expiration; and
(2) include revised articles of incorporation with a new term as required by Section 33-47-210(4).
(B) If the Secretary of State determines the application contains the information required by subsection (A) and the information is correct, the Secretary of State shall cancel the expiration and prepare a certificate of reinstatement reciting its determination and the effective date of reinstatement, file the original of the certificate, and provide a copy to the association.
(C) When reinstatement is effective, it relates back to and takes effect as of the effective date of the expiration and the association shall resume carrying on its activities as if the expiration had never occurred.
HISTORY: 2016 Act No. 149 (S.1049), Section 1, eff April 21, 2016.
Code Commissioner's Note
2016 Act No. 149, Section 1, which proposed to enact a Section 33-47-1160, has been renumbered Section 33-47-215 at the direction of the Code Commissioner.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 47 - Marketing Cooperative Associations
Section 33-47-10. Short title.
Section 33-47-20. Definitions.
Section 33-47-30. Declaration of purpose.
Section 33-47-40. Applicability of general corporation laws.
Section 33-47-50. Associations not deemed illegal combinations in restraint of trade.
Section 33-47-60. Marketing information available from Clemson University.
Section 33-47-70. Organization of association.
Section 33-47-80. Purposes for which associations may be formed.
Section 33-47-90. Adoption of chapter by corporations or associations already formed.
Section 33-47-100. Participation of associations in other associations.
Section 33-47-110. Annual reports.
Section 33-47-120. Annual license fee; exemption from franchise and license tax.
Section 33-47-210. Articles of incorporation.
Section 33-47-215. Reinstatement of a marketing cooperative association.
Section 33-47-220. Execution and filing of articles; effect thereof.
Section 33-47-230. Powers of association.
Section 33-47-240. Amendment of articles of incorporation.
Section 33-47-250. Amendments requiring approval of three fourths of members.
Section 33-47-410. Membership.
Section 33-47-420. Associations as members.
Section 33-47-430. Certificate of membership.
Section 33-47-440. Admission of new members.
Section 33-47-450. Representation of members other than natural persons.
Section 33-47-460. Limitation on business with nonmembers.
Section 33-47-470. Payment upon death, withdrawal or expulsion of member.
Section 33-47-610. Issuance of stock.
Section 33-47-620. Preferred stock.
Section 33-47-630. Issuance of preferred stock for property purchased.
Section 33-47-640. Limitation on amount of stock held.
Section 33-47-650. Limitation on transfer of common stock.
Section 33-47-660. Purchase of its common stock by association.
Section 33-47-670. Stockholder's liability.
Section 33-47-820. Meetings of association.
Section 33-47-830. Matters which must be referred to members.
Section 33-47-920. Vacancies on board of directors.
Section 33-47-930. Remuneration; contracts with association.
Section 33-47-950. Removal of officers or directors.
Section 33-47-1110. Contracts for marketing products.
Section 33-47-1120. Damages for breach.
Section 33-47-1130. Injunction and specific performance.
Section 33-47-1140. Contracts entered into with other associations.
Section 33-47-1150. Inducing members to violate contract or spreading false reports.