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Section 33-38-220. Termination of status as benefit corporation.

SC Code § 33-38-220 (2019) (N/A)
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(A) A benefit corporation may terminate its status and cease to be subject to this chapter by amending its articles of incorporation to remove the provision that the corporation is a benefit corporation governed by this chapter. The amendment must be approved in the manner required by Section 33-38-230. Any sale, lease, exchange, or other disposition of all, or substantially all, of the property of a benefit corporation, unless the transaction is in the usual and regular course of business, shall not be effective unless it is approved in the manner required by Section 33-38-230.

(B) If a plan of merger, conversion, or share exchange would have the effect of terminating the status of a benefit corporation as a benefit corporation, the plan must be approved in the manner required by Section 33-38-230.

HISTORY: 2012 Act No. 277, Section 1, eff June 14, 2012.

Code Commissioner's Note

At the direction of the Code Commissioner, the reference in subsection (A) to "Section 33-38-20" was changed to "Section 33-38-230" to correct a typographical error.

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Section 33-38-210. Effective date for incorporation as a benefit corporation; merger when surviving corporation is a benefit corporation.
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Section 33-38-230. Approval of corporate matters.