South Carolina Code of Laws
Chapter 2 - Control Share Acquisitions; Business Combinations
Section 35-2-101. "Control shares" defined.

As used in this article, "control shares" means shares that, except for this article, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power of the issuing public corporation in the election of directors within any of the following ranges of voting power:
(1) one-fifth or more but less than one-third of all voting power;
(2) one-third or more but less than a majority of all voting power;
(3) a majority or more of all voting power.
HISTORY: 1988 Act No. 444, Section 5, eff April 22, 1988.

Editor's Note
1988 Act No. 444, Section 6 provides as follows:
"Section 6. For purposes of this act, when the terms 'effective date of this chapter' or 'effective date of this article' or similar derivations thereof are used in Chapter 2, Title 35 of the 1976 Code, as contained in Section 5 of this act, these terms must be construed to mean the effective date of the amendments to Chapter 2 of Title 35 as contained in this act."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 35 - Securities

Chapter 2 - Control Share Acquisitions; Business Combinations

Section 35-2-101. "Control shares" defined.

Section 35-2-102. "Control share acquisition" defined.

Section 35-2-103. "Interested shares" defined; "Exchange Act" defined.

Section 35-2-104. "Issuing public corporation" defined.

Section 35-2-105. Voting rights under Section 35-2-109.

Section 35-2-106. Acquiring person statement.

Section 35-2-107. Special meeting of shareholders.

Section 35-2-108. Notice of shareholder meeting.

Section 35-2-109. Voting rights of acquired control shares; resolution.

Section 35-2-110. Redemption of acquired control shares.

Section 35-2-111. Dissenters' rights; "fair value" defined.

Section 35-2-201. "Affiliate" defined.

Section 35-2-202. "Announcement date" defined.

Section 35-2-203. "Associate" defined.

Section 35-2-204. "Beneficial owner" defined.

Section 35-2-205. "Business combination" defined.

Section 35-2-206. "Common stock" defined.

Section 35-2-207. "Consummation date" defined.

Section 35-2-208. "Control" defined.

Section 35-2-209. "Exchange Act" defined.

Section 35-2-210. "Interested shareholder" defined.

Section 35-2-211. "Market value" defined.

Section 35-2-212. "Preferred stock" defined.

Section 35-2-213. "Resident domestic corporation" defined.

Section 35-2-214. "Share" defined.

Section 35-2-215. "Share acquisition date" defined.

Section 35-2-216. "Subsidiary" defined.

Section 35-2-217. "Voting shares" defined.

Section 35-2-218. Business combination with interested shareholder within two years of share acquisition date.

Section 35-2-219. Business combination with interested shareholder; requirements.

Section 35-2-220. Amendment of articles of incorporation making corporation subject to this article; application of article.

Section 35-2-221. Election not to be covered by this article; application of article.

Section 35-2-222. Inadvertent interested shareholder; application of article.

Section 35-2-223. Interested shareholder on the effective date of this chapter; application of article.

Section 35-2-224. Applicability to foreign corporations.

Section 35-2-225. Severability.

Section 35-2-226. Conflict of laws with respect to foreign corporations.