(a) If the acquiring person requests at the time of delivery of an acquiring person statement and gives an undertaking to pay the corporation's expenses of a special meeting, within ten days thereafter, the directors of the issuing public corporation shall call a special meeting of shareholders of the issuing public corporation for the purpose of considering the voting rights to be accorded the shares acquired or to be acquired in the control share acquisition.
(b) Unless the acquiring person agrees in writing to another date, the special meeting of shareholders must be held within fifty days after receipt by the issuing public corporation of the request.
(c) If no request is made, the voting rights to be accorded the shares acquired in the control share acquisition must be presented to the next special or annual meeting of shareholders.
(d) If the acquiring person requests in writing at the time of delivery of the acquiring person statement, the special meeting must not be held sooner than thirty days after receipt by the issuing public corporation of the acquiring person statement.
HISTORY: 1988 Act No. 444, Section 5, eff April 22, 1988.
Structure South Carolina Code of Laws
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 35-2-219. Business combination with interested shareholder; requirements.
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 35-2-224. Applicability to foreign corporations.
Section 35-2-225. Severability.
Section 35-2-226. Conflict of laws with respect to foreign corporations.