(a) A subscription for shares entered into before incorporation is irrevocable for six months unless the subscription agreement provides a longer or shorter period or all the subscribers agree to revocation.
(b) The board of directors may determine the payment terms of subscriptions for shares that were entered into before incorporation, unless the subscription agreement specifies them. A call for payment by the board of directors must be uniform so far as practicable as to all shares of the same class or series, unless the subscription agreement specifies otherwise.
(c) Shares issued pursuant to subscriptions entered into before incorporation are fully paid and nonassessable when the corporation receives the consideration specified in the subscription agreement.
(d) If a subscriber defaults in payment of money or property under a subscription agreement entered into before incorporation, the corporation may collect the amount owed as any other debt. Alternatively, unless the subscription agreement provides otherwise, the corporation may rescind the agreement and may sell the shares if the debt remains unpaid more than twenty days after the corporation sends written demand for payment to the subscriber.
(e) A subscription agreement entered into after incorporation is a contract between the subscriber and the corporation subject to Section 33-6-210.
HISTORY: Derived from 1976 Code Section 33-9-60 [1962 Code Section 12-15.5; 1962 (52) 1996; 1981 Act No. 146, Section 2; Repealed, 1988 Act No. 444, Section 2]; 1988 Act No. 444, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 6 - Shares And Distributions
Section 33-6-101. Authorized shares.
Section 33-6-102. Terms of class or series determined by board of directors.
Section 33-6-103. Issued and outstanding shares.
Section 33-6-104. Fractional shares.
Section 33-6-200. Subscription for shares before incorporation.
Section 33-6-210. Issuance of shares.
Section 33-6-220. Liability of shareholders.
Section 33-6-230. Share dividends.
Section 33-6-250. Form and content of certificates.
Section 33-6-260. Shares without certificates.
Section 33-6-270. Restriction on transfer or registration of shares or other securities.
Section 33-6-280. Expense of issue.
Section 33-6-300. Shareholders' preemptive rights.