S*1014(Rat #0288, Act #0220 of 2010)  General Bill, By Jackson, Rose and Ford
 AN ACT TO AMEND SECTION 33-31-1402, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DISSOLUTION OF NONPROFIT CORPORATIONS BY DIRECTORS, MEMBERS, AND
 THIRD PERSONS, SO AS TO PROVIDE THAT BEFORE THE SECRETARY OF STATE MAY ACCEPT
 FOR FILING ARTICLES OF DISSOLUTION OF AN EXISTING NONPROFIT ORGANIZATION
 EXECUTED BY A PERSON AUTHORIZED BY THIS SECTION TO TAKE SUCH ACTION, THE
 SECRETARY OF STATE SHALL REQUIRE THIS PERSON TO ATTACH AN AFFIDAVIT TO THE
 FILING WHERE THE PERSON UNDER OATH SUBJECT TO A PENALTY OF PERJURY CERTIFIES
 THAT HE HOLDS THE REQUISITE AUTHORITY TO TAKE SUCH ACTION; AND TO AMEND
 SECTION 33-31-1403, RELATING TO NOTICES TO THE ATTORNEY GENERAL IN REGARD TO
 THE DISSOLUTION OF SPECIFIED NONPROFIT CORPORATIONS, SO AS TO REVISE CERTAIN
 REFERENCES AND PROVIDE THAT THE NONPROFIT ORGANIZATION SHALL SUBMIT TO THE
 SECRETARY OF STATE COPIES OF ALL DOCUMENTS PROVIDED TO THE ATTORNEY GENERAL AT
 THE TIME OF THE FILING OF THE ARTICLES OF DISSOLUTION. - ratified title

   12/09/09  Senate Prefiled
   12/09/09  Senate Referred to Committee on Judiciary
   01/12/10  Senate Introduced and read first time SJ-56
   01/12/10  Senate Referred to Committee on Judiciary SJ-56
   01/12/10  Senate Referred to Subcommittee: Campbell (ch), Cleary,
                     Williams, Mulvaney, Nicholson
   03/17/10  Senate Committee report: Favorable with amendment
                     Judiciary SJ-9
   03/18/10  Senate Committee Amendment Adopted SJ-16
   03/18/10  Senate Read second time SJ-16
   03/24/10  Senate Read third time and sent to House SJ-24
   03/25/10  House  Introduced and read first time HJ-22
   03/25/10  House  Referred to Committee on Judiciary HJ-23
   05/19/10  House  Recalled from Committee on Judiciary HJ-48
   05/25/10  House  Read second time HJ-37
   05/26/10  House  Read third time and enrolled HJ-10
   06/02/10         Ratified R 288
   06/08/10         Signed By Governor
   06/15/10         Effective date 06/08/10
   06/17/10         Act No. 220

(A220, R288, S1014)

AN ACT TO AMEND SECTION 33-31-1402, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF NONPROFIT CORPORATIONS BY DIRECTORS, MEMBERS, AND THIRD PERSONS, SO AS TO PROVIDE THAT BEFORE THE SECRETARY OF STATE MAY ACCEPT FOR FILING ARTICLES OF DISSOLUTION OF AN EXISTING NONPROFIT ORGANIZATION EXECUTED BY A PERSON AUTHORIZED BY THIS SECTION TO TAKE SUCH ACTION, THE SECRETARY OF STATE SHALL REQUIRE THIS PERSON TO ATTACH AN AFFIDAVIT TO THE FILING WHERE THE PERSON UNDER OATH SUBJECT TO A PENALTY OF PERJURY CERTIFIES THAT HE HOLDS THE REQUISITE AUTHORITY TO TAKE SUCH ACTION; AND TO AMEND SECTION 33-31-1403, RELATING TO NOTICES TO THE ATTORNEY GENERAL IN REGARD TO THE DISSOLUTION OF SPECIFIED NONPROFIT CORPORATIONS, SO AS TO REVISE CERTAIN REFERENCES AND PROVIDE THAT THE NONPROFIT ORGANIZATION SHALL SUBMIT TO THE SECRETARY OF STATE COPIES OF ALL DOCUMENTS PROVIDED TO THE ATTORNEY GENERAL AT THE TIME OF THE FILING OF THE ARTICLES OF DISSOLUTION.

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

Affidavit required

SECTION    1.    Section 33-31-1402 of the 1976 Code is amended by adding:

"(f)    Before the Secretary of State may accept for filing articles of dissolution of an existing nonprofit organization executed by a person authorized by this section to take such action either in his own right under appropriate authority or on behalf of the board or other entity or group, the Secretary of State shall require this person to attach an affidavit to the filing when the person under oath subject to a penalty of perjury certifies that he holds the requisite authority to take such action."

Copies to Secretary of State

SECTION    2.    Section 33-31-1403(a) of the 1976 Code is amended to read:

"(a)    A nonprofit organization shall give the Attorney General written notice that it intends to dissolve at or before the time it delivers articles of dissolution to the Secretary of State. The notice shall include a copy or summary of the plan of dissolution. The nonprofit organization shall submit to the Secretary of State copies of all documents provided to the Attorney General at the time of the filing of the articles of dissolution."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2010.

Approved the 8th day of June, 2010.