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S.C. Code Ann. § 33-31-804

Election, designation, and appointment of directors

Known as the South Carolina Nonprofit Corporation Act

The act spans §§ 33–33 (186 sections).

Applied in 2 court decisions — leading case SOUTHEASTERN HOUSING FOUNDATION v. Smith (2008)

Most recently applied in Jenkins v. Refuge Temple Church of God in Christ, Inc. (July 2018)

1994 Act No. 384, SECTION 1.

(a) If the corporation has members entitled to vote for directors, all the directors, except the initial directors, must be elected at the first annual meeting of members, and at each annual meeting thereafter, unless the articles or bylaws provide some other time or method of election, or provide that some of the directors are appointed by some other person or designated.

(b) If the corporation does not have members entitled to vote for directors, all the directors, except the initial directors, must be elected, appointed, or designated as provided in the articles or bylaws. If no method of designation or appointment is set forth in the articles or bylaws, the directors, other than the initial directors, must be elected by the board.

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