(a) If a special meeting is requested, notice of the special meeting of shareholders must be given as promptly as reasonably practicable by the issuing public corporation to all shareholders of record as of the record date set for the meeting, whether or not entitled to vote at the meeting.
(b) Notice of the special or annual shareholder meeting at which the voting rights are to be considered must include or be accompanied by both of the following:
(1) a copy of the acquiring person statement delivered to the issuing public corporation pursuant to this article;
(2) a statement by the board of directors of the corporation, authorized by its directors, of its position or recommendation, or that it is taking no position or making no recommendation, with respect to the proposed control share acquisition.
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.