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S.C. Code Ann. § 33-31-1001

Authority to amend articles of incorporation

Known as the South Carolina Nonprofit Corporation Act

The act spans §§ 33-31-1001 to 33-31-858 (186 sections).

Applied in 1 court decision — leading case All Saints Parish Waccamaw v. Protestant Episcopal Church in Diocese (2009)

Most recently applied in All Saints Parish Waccamaw v. Protestant Episcopal Church in Diocese (September 2009)

1994 Act No. 384, SECTION 1.

(a) A corporation may amend its articles of incorporation to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment.

(b) A corporation either designated on the records of the Office of the Secretary of State as a public benefit or religious corporation, or which qualifies as such pursuant to Section 33-31-1707, may amend or restate its articles of incorporation so that it becomes designated as a mutual benefit corporation only if notice, including a copy of the proposed amendment or restatement, has been delivered to the Attorney General at least twenty days before consummation of the amendment or restatement.

(c) Except as provided in Section 33-31-611(c), a member of the corporation does not have a vested property right resulting from any provision in the articles of incorporation or bylaws.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.