H*3633(Rat #0076, Act #0042)  General Bill, By Jennings
 A Bill to amend Section 15-9-210, as amended, Code of Laws of South Carolina,
 1976, relating to service of process on domestic corporations, Section
 15-9-240, as amended, relating to service of process on authorized foreign
 corporations, and Section 36-2-806, relating to the manner and proof of
 service of process served outside the State, so as to conform the provisions
 of these Sections to the Service of Process Rules contained in the South
 Carolina Rules of Civil Procedure.

   03/04/93  House  Introduced, read first time, placed on calendar
                     without reference HJ-11
   03/08/93  House  Read second time HJ-10
   03/09/93  House  Read third time and sent to Senate HJ-6
   03/10/93  Senate Introduced and read first time SJ-6
   03/10/93  Senate Referred to Committee on Judiciary SJ-6
   04/07/93  Senate Committee report: Favorable Judiciary SJ-29
   04/08/93  Senate Read second time SJ-86
   04/13/93  Senate Read third time and enrolled SJ-17
   04/20/93         Ratified R 76
   04/23/93         Signed By Governor
   04/23/93         Effective date 04/23/93
   05/19/93         Copies available

AN ACT TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

Be it enacted by the General Assembly of the State of South Carolina:

Service of process on domestic corporation under Rules of Civil Procedure

SECTION 1. Section 15-9-210 of the 1976 Code, as last amended by Act 444 of 1988, is further amended to read:

"Section 15-9-210. (a) A domestic corporation's registered agent is the agent of the corporation for service of any process, notice, or demand required or permitted by law to be served, and the service is binding upon the corporation.

(b) The corporation may be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by registered or certified mail, return receipt requested, addressed to the office of the registered agent, or the office of the secretary of the corporation at its principal office. Service is effective upon the date of delivery as shown on the return receipt. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8);

(c) If the corporation has no registered agent, or the agent cannot be served with reasonable diligence by means authorized by rule or statute, other than under Section 15-9-710, and such appears by affidavit, the court or judge thereof, the clerk of the court of common pleas, or the master may grant an order that the corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the corporation at its principal office. The summons shall state the date it was mailed under this subsection, and the date service is effective. Service is perfected five days after its deposit in the United States mail, as evidenced by the postmark, or other evidence of the date the summons and complaint was mailed pursuant to this paragraph, if mailed postpaid and correctly addressed to the address of the company's principal office which is listed on the last filed annual report of the company or, if none has been filed, the address of the principal office specified in the initial annual report of the corporation filed with the South Carolina Tax Commission. Entry of judgment and judgment by default may be taken as otherwise provided by Rule 55 of the Rules of Civil Procedure.

(d) This section does not prescribe the only means, or necessarily the required means, of serving a domestic corporation."

Service of process on foreign corporation under Rules of Civil Procedure

SECTION 2. Section 15-9-240 of the 1976 Code, as last amended by Act 444 of 1988, is further amended to read:

"Section 15-9-240. (a) The registered agent of a foreign corporation authorized to transact business in this State is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation.

(b) A foreign corporation may be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by registered or certified mail, return receipt requested, addressed to the office of the registered agent, or office of the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or in its most recent annual report. Service is effective upon the date of delivery as shown on the return receipt. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8).

(c) If the foreign corporation:

(1) has no registered agent or its registered agent cannot be served with reasonable diligence by other means authorized by rule or statute, other than under Section 15-9-710 service by publication;

(2) has withdrawn from transacting business in this State as provided by law; or

(3) has had its certificate of authority revoked as provided by law, and such appears by affidavit, the court or judge, the clerk of court of common pleas, or the master may grant an order that the corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the corporation at its principal office. The summons shall state the date it was mailed under this subsection and that service is perfected five days after its deposit in the United States mail.

(d) Service is perfected under subsection (c) five days after its deposit in the United States mail, as evidenced by the postmark, or other evidence of the date the summons and complaint was mailed pursuant to this subsection, if mailed postpaid and correctly addressed to the address of the company's principal office which is listed on the filed annual report of the company (or in its application for certificate of authority if no annual report has ever been filed).

(e) This section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation."

Service of process outside State under Rules of Civil Procedure

SECTION 3. Section 36-2-806 of the 1976 Code is amended to read:

"Section 36-2-806. (1) When the law of this State authorizes service outside this State, the service, when reasonably calculated to give actual notice, may be made:

(a) by personal delivery in the manner prescribed for service within the State;

(b) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;

(c) by registered or certified mail as provided in Rule 4(d)(8) of the South Carolina Rules of Civil Procedure addressed only to the person to be served and requiring a return receipt showing the acceptance by the defendant. Entry of default and default judgments shall be subject to the conditions of Rule 4(d)(8); or

(d) as directed by the court.

(2) Proof of service outside this State may be made by affidavit of the individual who made the service or in the manner prescribed by law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made pursuant to item (c) of subsection (1) of this section, proof of service shall include a receipt signed by the addressee."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 23rd day of April, 1993.