The authority is authorized to establish profit or not-for-profit corporations as it considers necessary to carry out the purposes of this chapter. Officials or employees of the authority may act as officials or employees without additional compensation of a corporation created pursuant to this section. A corporation established pursuant to this section is considered a "public procurement unit" for purposes of Article 19, Chapter 35 of Title 11.
The authority may make grants or loans to, or make guarantees for, the benefit of any not-for-profit corporation which the authority has caused to be formed whose Articles of Incorporation require that its directors be elected by members of the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence or, if it is not in existence, then to the State of South Carolina.
These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this act and on the terms and conditions imposed by the authority.
Any guarantee made by the authority shall not create an obligation of the State or its political subdivisions or be a grant or loan of the credit of the State or any political subdivision. Any guarantee issued by the authority must be a special obligation of it. Neither the State nor any political subdivision is liable on any guarantee nor may they be payable out of any funds other than those of the authority and any guarantee issued by the authority shall contain on its face a statement to that effect.
HISTORY: 1983 Act No. 145 Section 25; 1985 Act No. 201, Part II, Section 60; 1992 Act No. 404, Section 10, eff July 1, 1992.
Effect of Amendment
The 1992 amendment in the first paragraph, in the first sentence substituted "chapter" for "act" and added the second and third sentences.
Structure South Carolina Code of Laws
Title 41 - Labor and Employment
Chapter 43 - South Carolina Jobs - Economic Development Fund Act
Section 41-43-10. Citation of chapter.
Section 41-43-20. Definitions.
Section 41-43-40. Appointment and qualifications of directors; ex officio members; terms.
Section 41-43-70. Functions and duties of the authority generally.
Section 41-43-80. Implementation of programs; delegation of authority; responsibility for programs.
Section 41-43-90. Corporate and other powers of the authority.
Section 41-43-100. Industrial development projects.
Section 41-43-110. Issuance of bonds; utilization of proceeds.
Section 41-43-120. Authority bonds to constitute lawful fiduciary investment.
Section 41-43-140. Insurance fund; use as security for holders of bonds.
Section 41-43-160. Loan programs; authorized purposes; authority's powers as to loans.
Section 41-43-170. Guaranty fund authorized; purposes.
Section 41-43-180. Determination of economically distressed areas; criteria.
Section 41-43-190. Expert programs; purposes; criteria for assistance.
Section 41-43-200. Collection and dissemination of information and data.
Section 41-43-210. Funds for administrative purposes.
Section 41-43-220. Administrative funds not to be obligated except for administrative expenses.
Section 41-43-230. Disposition of property; authority not required to advertise or take bids.
Section 41-43-240. Creation of other corporations.
Section 41-43-250. Protection of confidential information.
Section 41-43-260. Annual audit and report.
Section 41-43-270. Application of Administrative Procedures Act.