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A220, R288, S1014
Sponsors: Senators Jackson, Rose and Ford
Document Path: l:\council\bills\nbd\11572sd10.docx
Introduced in the Senate on January 12, 2010
Introduced in the House on March 25, 2010
Passed by the General Assembly on May 26, 2010
Governor's Action: June 8, 2010, Signed
Summary: Nonprofit organizations
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2009 Senate Prefiled 12/9/2009 Senate Referred to Committee on Judiciary 1/12/2010 Senate Introduced and read first time SJ-56 1/12/2010 Senate Referred to Committee on Judiciary SJ-56 1/12/2010 Senate Referred to Subcommittee: Campbell (ch), Cleary, Williams, Mulvaney, Nicholson 3/17/2010 Senate Committee report: Favorable with amendment Judiciary SJ-9 3/18/2010 Senate Committee Amendment Adopted SJ-16 3/18/2010 Senate Read second time SJ-16 3/24/2010 Senate Read third time and sent to House SJ-24 3/25/2010 House Introduced and read first time HJ-22 3/25/2010 House Referred to Committee on Judiciary HJ-23 5/19/2010 House Recalled from Committee on Judiciary HJ-48 5/25/2010 House Read second time HJ-37 5/26/2010 House Read third time and enrolled HJ-10 6/2/2010 Ratified R 288 6/8/2010 Signed By Governor 6/15/2010 Effective date 06/08/10 6/17/2010 Act No. 220
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(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:
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."
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.
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