Current Status Introducing Body:
SenateBill Number: 165Ratification Number: 10Act Number: 3Primary Sponsor: PopeType of Legislation: GBSubject: Corporation, dissolution ofDate Bill Passed both Bodies: Mar 05, 1991Computer Document Number: OLDVS/LIBX/2315Governor's Action: SDate of Governor's Action: Mar 15, 1991Introduced Date: Jan 08, 1991Date of Last Amendment: Feb 06, 1991Last History Body: ------Last History Date: Mar 15, 1991Last History Type: Act No. 3Scope of Legislation: StatewideAll Sponsors: PopeType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 165 ------ Mar 15, 1991 Act No. 3 165 ------ Mar 15, 1991 Signed by Governor 165 ------ Mar 12, 1991 Ratified R 10 165 House Mar 05, 1991 Read third time, enrolled for ratification 165 House Feb 28, 1991 Read second time 165 House Feb 27, 1991 Committee Report: Favorable 26 165 House Feb 07, 1991 Introduced, read first time, 26 referred to Committee 165 Senate Feb 06, 1991 Amended, read third time, sent to House 165 Senate Jan 30, 1991 Read second time, notice of general amendments 165 Senate Jan 29, 1991 Committee Report: Favorable 11 165 Senate Jan 08, 1991 Introduced and read first 11 time, referred to Committee 165 Senate Sep 17, 1990 Prefiled, referred to 11 CommitteeView additional legislative information at the LPITS web site.
(A3, R10, S165)
AN ACT TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION; AND TO AMEND SECTION 33-4-102, RELATING TO RESERVING A CORPORATE NAME, SO AS TO PROVIDE THAT THE NAME OF A CORPORATION ADMINISTRATIVELY DISSOLVED IS NOT SUBJECT TO RESERVATION FOR A PERIOD OF TWO YEARS FROM THE DATE THE SECRETARY OF STATE SENDS A COPY OF THE CERTIFICATE OF DISSOLUTION TO THE CORPORATION.
Be it enacted by the General Assembly of the State of South Carolina:
Reinstatement; time changed for
SECTION 1. Section 33-14-220(a) of the 1976 Code, as amended by Act 659 of 1988, is amended to read:
"(a) A corporation dissolved administratively under Section 33-14-210 may apply to the Secretary of State for reinstatement at any time after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-4-101; and
(4) contain a certificate from the South Carolina Tax Commission reciting that all taxes owed by the corporation have been paid."
SECTION 2. The amendment to Section 33-14-220(a) of the 1976 Code, as contained in Section 1 of this act, is applicable to all corporations in a state of dissolution at the time this act becomes effective regardless of the effective dates of their dissolution.
Corporate name; reservation; limits on
SECTION 3. Section 33-4-102 of the 1976 Code is amended by adding:
"(c) The name of a corporation administratively dissolved under Section 33-14-210 is not subject to reservation for a period of two years from the date the Secretary of State sends a copy of the certificate of dissolution to the corporation as provided by Section 33-14-210(b)."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 15th day of March, 1991.