When all debts, liabilities and obligations of the cooperative have been paid and discharged or adequate provision shall have been made therefor and all the remaining property and assets of the cooperative shall have been distributed to the members pursuant to the provisions of Section 33-49-1070, the board of trustees shall authorize the execution of articles of dissolution, which shall thereupon be executed and acknowledged on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. Such articles of dissolution shall recite in the caption that they are executed pursuant to this chapter and shall state:
(1) The name of the cooperative;
(2) The address of the principal office of the cooperative;
(3) That the cooperative has theretofore delivered to the Secretary of State a certificate of election to dissolve and the date on which the certificate was filed by the Secretary of State in the records of his office;
(4) That all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor;
(5) That all the remaining property and assets of the cooperative have been distributed among the members in accordance with the provisions of Section 33-49-1070; and
(6) That there are no actions or suits pending against the cooperative.
The president or vice-president executing the articles of dissolution shall also make and annex thereto an affidavit stating that the provisions of this article have been duly complied with. Such articles of dissolution and affidavit accompanied by proof of the publication required in Section 33-49-1060 shall be submitted to the Secretary of State for filing as provided in this chapter.
HISTORY: 1962 Code Section 12-1063; 1952 Code Section 12-1063; 1942 Code Section 8555-108; 1939 (41) 240.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 49 - Electric Cooperatives
Section 33-49-10. Short title.
Section 33-49-20. Definitions.
Section 33-49-30. Waiver of notice.
Section 33-49-40. Acknowledgments.
Section 33-49-50. Exemption from control of Public Service Commission.
Section 33-49-60. Uniform Securities Act provisions are not applicable.
Section 33-49-70. Recording of mortgages; effect thereof.
Section 33-49-80. Filing of papers by Secretary of State.
Section 33-49-90. Transmission and filing certified copies of articles in clerks' offices.
Section 33-49-110. All papers shall be filed in quadruplicate.
Section 33-49-130. Construction of chapter.
Section 33-49-140. Certain rights and agreements not affected.
Section 33-49-150. Authority and jurisdiction over electric cooperatives.
Section 33-49-160. Association requirements and conduct.
Section 33-49-210. Purpose of organization under this chapter.
Section 33-49-220. Organizers.
Section 33-49-230. Articles of incorporation.
Section 33-49-240. Name of cooperative.
Section 33-49-250. Powers of cooperative.
Section 33-49-260. Sale of assets.
Section 33-49-270. Mortgage or pledge of assets.
Section 33-49-410. Membership.
Section 33-49-450. Disposition of propositions presented by not less than ten per cent of members.
Section 33-49-460. Patronage capital contributions, allocations, and retirements.
Section 33-49-470. Liability of members.
Section 33-49-615. Disclosure of compensation and benefits.
Section 33-49-620. Voting districts for trustees and for delegates.
Section 33-49-621. Single-member voting districts.
Section 33-49-625. Notice, votes, and minutes.
Section 33-49-630. Compensation or employment of trustee; actions and conduct prohibited.
Section 33-49-640. Annual election and term of trustees.
Section 33-49-645. Conduct of elections.
Section 33-49-650. Division of trustees into classes.
Section 33-49-660. Quorum of trustees.
Section 33-49-670. Officers and employees.
Section 33-49-810. Amendment of articles of incorporation.
Section 33-49-820. Change of principal office.
Section 33-49-830. Consolidation of cooperatives.
Section 33-49-840. Merger into another cooperative.
Section 33-49-850. Effect of consolidation or merger.
Section 33-49-1010. Dissolution before commencing business.
Section 33-49-1020. Dissolution after commencing business.
Section 33-49-1030. Action of board and members.
Section 33-49-1040. Certificate of dissolution and affidavit.
Section 33-49-1050. Filing of certificate and affidavit; effect thereof.
Section 33-49-1060. Notice of winding up.
Section 33-49-1070. Power of board of trustees to wind up affairs.
Section 33-49-1080. Articles of dissolution.
Section 33-49-1210. Corporations permitted to convert into cooperatives.
Section 33-49-1220. Articles of conversion.
Section 33-49-1230. Approval at membership meeting.
Section 33-49-1240. Execution of articles and affidavit; submission to Secretary of State.
Section 33-49-1310. Foreign rural electric cooperatives may do business in State.
Section 33-49-1320. Designation of Secretary of State as agent to accept service of process.
Section 33-49-1330. Suits; securing evidences of indebtedness.
Section 33-49-1410. Definitions.
Section 33-49-1420. Termination procedures; contents.
Section 33-49-1430. Third-party notification system.
Section 33-49-1440. Disconnection when public safety emergency exists.