South Carolina Code of Laws
Chapter 2 - Control Share Acquisitions; Business Combinations
Section 35-2-106. Acquiring person statement.

Any person who proposes to make or has made a control share acquisition may at the person's election deliver an acquiring person statement to the issuing public corporation at the issuing public corporation's principal office. The acquiring person statement must set forth all of the following:
(1) the identity of the acquiring person and each other member of any group of which the person is a part for purposes of determining control shares;
(2) a statement that the acquiring person statement is given pursuant to this article;
(3) the number of shares of the issuing public corporation owned (directly or indirectly) by the acquiring person and each other member of the group;
(4) the range of voting power under which the control share acquisition falls or, if consummated, would fall;
(5) if the control share acquisition has not taken place:
(A) a description in reasonable detail of the terms of the proposed control share acquisition; and
(B) representations of the acquiring person, together with a statement in reasonable detail of the facts upon which they are based, that the proposed control share acquisition, if consummated, will not be contrary to law, and that the acquiring person has the financial capacity to make the proposed control share acquisition.
HISTORY: 1988 Act No. 444, Section 5, eff April 22, 1988.

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.