reglab/housing_qa huggingface dataset:
SC Code § 33-44-1005 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1005. Name of foreign limited liability company.

 (a) If the name of a foreign limited liability company does not satisfy the requirements of Section 33-44-105, the company, to obtain or maintain a certificate of authority to transact business in this State, must use a fictitious name to transact business in this State if its real name is unavailable and it delivers to the Secretary of State for filing a copy of the resolution of its managers, in the case of a manager-managed company, or of its members, in the case of a member-managed company, adopting the fictitious name.  (b) Except as authorized by subsections (c) and (d), the name, including a fictitious name to be used to transact business in this State, of a foreign limited liability company must be distinguishable upon the records of the Secretary of State from:  (1) the name of any corporation, limited partnership, or company incorporated, organized, or authorized to transact business in this State;  (2) a name reserved or registered under Section 33-44-106 or 33-44-107; and  (3) the fictitious name of another foreign limited liability company authorized to transact business in this State.  (c) A foreign limited liability company may apply to the Secretary of State for authority to use in this State a name that is not distinguishable upon the records of the Secretary of State from a name described in subsection (b). The Secretary of State shall authorize use of the name applied for if:  (1) the present user, registrant, or owner of a reserved name consents to the use in a record and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the foreign applying limited liability company; or  (2) the applicant delivers to the Secretary of State a certified copy of a final judgment of a court establishing the applicant's right to use the name applied for in this State.  (d) A foreign limited liability company may use in this State the name, including the fictitious name, of another domestic or foreign entity that is used in this State if the other entity is incorporated, organized, or authorized to transact business in this State and the foreign limited liability company:  (1) has merged with the other entity;  (2) has been formed by reorganization of the other entity; or  (3) has acquired all or substantially all of the assets including the name of the other entity.  (e) If a foreign limited liability company authorized to transact business in this State changes its name to one that does not satisfy the requirements of Section 33-44-105, it may not transact business in this State under the name as changed until it adopts a name satisfying the requirements of Section 33-44-105 and obtains an amended certificate of authority.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1006 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1006. Revocation of certificate of authority.

 (a) A certificate of authority of a foreign limited liability company to transact business in this State may be revoked by the Secretary of State in the manner provided in subsection (b) if:  (1) the company fails to:  (i) pay a fee, tax, or penalty owed to this State;  (ii) appoint and maintain an agent for service of process as required by this article; or  (iii) file a statement of a change in the name or business address of the agent as required by this article; or  (2) a misrepresentation has been made of a material matter in any application, report, affidavit, or other record submitted by the company pursuant to this article.  (b) The Secretary of State may not revoke a certificate of authority of a foreign limited liability company unless the Secretary of State sends the company notice of the revocation, at least sixty days before its effective date, by a record addressed to its agent for service of process in this State, or if the company fails to appoint and maintain a proper agent in this State, addressed to the office required to be maintained by Section 33-44-108. The notice must specify the cause for the revocation of the certificate of authority. The authority of the company to transact business in this State ceases on the effective date of the revocation unless the foreign limited liability company cures the failure before that date.  HISTORY: 1996 Act No. 343, Section 2; 2004 Act No. 221, Section 36.
SC Code § 33-44-1007 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1007. Cancellation of authority.

 A foreign limited liability company may cancel its authority to transact business in this State by filing in the office of the Secretary of State a certificate of cancellation. Cancellation does not terminate the authority of the Secretary of State to accept service of process on the company for claims for relief arising out of the transactions of business in this State.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1008 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1008. Effect of failure to obtain certificate of authority.

 (a) A foreign limited liability company transacting business in this State may not maintain an action or proceeding in this State unless it has a certificate of authority to transact business in this State.  (b) The failure of a foreign limited liability company to have a certificate of authority to transact business in this State does not impair the validity of a contract or act of the company or prevent the foreign limited liability company from defending an action or proceeding in this State.  (c) Limitations on personal liability of managers, members, and their transferees are not waived solely by transacting business in this State without a certificate of authority.  (d) If a foreign limited liability company transacts business in this State without a certificate of authority, it appoints the Secretary of State as its agent for service of process for claims for relief arising out of the transaction of business in this State.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1009 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1009. Action by Attorney General.

 The Attorney General may maintain an action to restrain a foreign limited liability company from transacting business in this State in violation of this article.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1101 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1101. Right of action.

 A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1102 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1102. Proper plaintiff.

 In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced; and  (1) must have been a member at the time of the transaction of which the plaintiff complains; or  (2) the plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1103 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1103. Pleading.

 In a derivative action for a limited liability company, the complaint must set forth with particularity the effort of the plaintiff to secure initiation of the action by a member or manager or the reasons for not making the effort.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1104 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1104. Expenses.

 If a derivative action for a limited liability company is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, and shall direct the plaintiff to remit to the limited liability company the remainder of the proceeds received.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1201 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1201. Uniformity of application and construction.

 This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1202 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1202. Short title.

 This chapter may be cited as the South Carolina Uniform Limited Liability Company Act of 1996.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1203 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1203. Severability clause.

 If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1204 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1204. Fees.

 (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to him for filing:  (1) articles of organization of a limited liability company: one hundred ten dollars.  (2) amendment or restatement of the articles of organization of a limited liability company: one hundred ten dollars.  (3) articles of merger involving a domestic or foreign limited liability company: one hundred ten dollars.  (4) application by a foreign limited liability company for a certificate of authority to transact business in South Carolina: one hundred ten dollars.  (5) amendment by a foreign limited liability company of its certificate of authority: one hundred ten dollars.  (6) application for reservation of a limited liability company name: twenty-five dollars.  (7) notice of transfer of a reserved limited liability company name: ten dollars.  (8) annual application for registration or renewal of a foreign limited liability company name: ten dollars.  (9) statement of change of designated office or agent for the service of process, or both: ten dollars.  (10) articles of termination: ten dollars.  (11) application for reinstatement after administrative dissolution: twenty-five dollars.  (12) application for certificate of cancellation: ten dollars.  (13) application for certificate of existence or authorization: ten dollars.  (14) other document required or authorized to be filed pursuant to this chapter: two dollars.  (b) The Secretary of State shall collect a fee of ten dollars each time process is served on him under this chapter. The party to a proceeding causing service of process is entitled to recover this fee as costs if he prevails in the proceeding.  (c) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability company:  (1) for copying, one dollar for the first page and fifty cents for each additional page; and  (2) two dollars for each certificate.  HISTORY: 1996 Act No. 343, Section 2; 2004 Act No. 221, Section 37.
SC Code § 33-44-1205 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1205. Term partnership includes limited liability company.

 Except (1) as otherwise required by the context, (2) as inconsistent with the provisions of this chapter, and (3) for this chapter, Chapters 41 and 42 of Title 33, and Title 12, the term "partnership" or "general partnership", when used in any other statute or in any regulation, includes and also means "limited liability company."  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1206 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1206. Transitional provisions.

 (a) Before January 1, 2001, this chapter governs only a limited liability company organized:  (1) after the effective date of this chapter, unless the company is continuing the business of a dissolved limited liability company under Section 33-43-901.3; and  (2) before the effective date of this chapter, which elects, as provided by subsection (c), to be governed by this chapter.  (b) On and after January 1, 2001, this chapter governs all limited liability companies.  (c) Before January 1, 2001, a limited liability company voluntarily may elect, in the manner provided in its operating agreement or by law for amending the operating agreement, to be governed by this chapter.  (d) Before January 1, 2001, this chapter governs only a foreign limited liability company which applies for a certificate of authority (or amended certificate) to transact business in this State after the effective date of this chapter, or which first transacts business in this State after the effective date of this chapter.  (e) Notwithstanding any other provision of this chapter, after January 1, 2001, the Secretary of State may commence a proceeding to dissolve a limited liability company under Section 33-44-809, if the company was formed prior to the effective date of this act and its articles of organization are not in conformity with Section 33-44-203.  (f) Notwithstanding any other provision of this chapter, after January 1, 2001, the Secretary of State may revoke a foreign limited liability company's certificate of authority under Section 33-44-1006, if the company was granted a certificate of authority prior to the effective date of this act and its latest application for a certificate or amended certificate of authority does not set forth the information required by Section 33-44-1002.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1207 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1207. Savings clause.

 This chapter does not affect an action or proceeding commenced or right accrued before the effective date of this chapter.  HISTORY: 1996 Act No. 343, Section 2.
SC Code § 33-44-1208 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 44 - Uniform Limited Liability Company Act Of 1996|Section 33-44-1208. Qualification of foreign corporation.

 A foreign corporation is not required to qualify to do business in South Carolina merely because it is a member of a manager-run limited liability company, or because it is a member in a limited liability company but does not take part in the management of the limited liability company.  HISTORY: 2004 Act No. 221, Section 6.
SC Code § 33-45-10 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-10. Definitions.

 For the purposes of this chapter the words "association," "society," "company," "union," and "exchange" shall have the same signification and shall import a corporation.  HISTORY: 1962 Code Section 12-801; 1952 Code Section 12-801; 1942 Code Section 8137; 1932 Code Section 8137; Civ. C. '22 Section 4331; 1915 (29) 235.
SC Code § 33-45-20 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-20. Restrictions on use of the term "cooperative".

 No corporation or association organized or doing business for profit in this State after March 21, 1915, is entitled to use the term "cooperative" as part of its corporate or other business name or title unless it has complied with the provisions of this chapter or unless it is incorporated under Chapters 46 or 49 of this title or under Chapter 27 of Title 34. Any corporation or association violating the provisions of this section may be enjoined from doing business under such name at the instance of any stockholder of any association legally organized hereunder.  HISTORY: 1962 Code Section 12-802; 1952 Code Section 12-802; 1942 Code Section 8149; 1932 Code Section 8149; Civ. C. '22 Section 4343; 1915 (29) 235; 1952 (47) 1950; 1994 Act No. 392, Section 2.
SC Code § 33-45-30 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-30. Cooperative associations authorized.

 The members of a limited liability company organized pursuant to Chapter 43 or Chapter 44 of this title or five or more persons, residents of this State, may associate themselves as a cooperative association, society, company, union, or exchange for the purpose of conducting within this State any agricultural, dairy, mercantile, mining, mechanical, or manufacturing business on the cooperative plan.  HISTORY: 1962 Code Section 12-803; 1952 Code Section 12-803; 1942 Code Section 8137; 1932 Code Section 8137; Civ. C. '22 Section 4331; 1915 (29) 235; 1999 Act No. 118, Section 3.
SC Code § 33-45-40 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-40. Filing of petition with Secretary of State.

 They shall file with the Secretary of State a written petition, signed by themselves, setting forth:  (1) The names and residences of the petitioners;  (2) The name of the proposed corporation, which shall include the word "cooperative";  (3) The place at which it proposes to have its principal place of business;  (4) The general nature of the business which it proposes to engage in;  (5) The amount of capital stock of the association and how and when payable;  (6) The number of shares into which the capital stock is to be divided and the par value of each share; and  (7) All other matters which it may be desirable to set forth.  HISTORY: 1962 Code Section 12-804; 1952 Code Section 12-804; 1942 Code Sections 8137, 8138; 1932 Code Sections 8137, 8138; Civ. C. '22 Sections 4331, 4332; 1915 (29) 235.
SC Code § 33-45-50 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-50. Issuance of commission by Secretary of State.

 Upon the filing of the petition as above and upon the payment of the fee for filing such petition the Secretary of State shall issue to the petitioners a commission constituting them a board of incorporators and authorizing them to open books of subscription to the capital stock of the proposed association after such public notice, not exceeding ten days, as he may require in such commission.  HISTORY: 1962 Code Section 12-805; 1952 Code Section 12-805; 1942 Code Section 8139; 1932 Code Section 8139; Civ. C. '22 Section 4333; 1915 (29) 235.
SC Code § 33-45-60 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-60. Payment of subscriptions.

 All subscriptions to the capital stock of any association organized under this chapter shall be payable in money or in labor or property at its money value and shall be listed, the labor or the property and the value thereof to be specified in the list of subscriptions. But no subscription in labor or property shall be received unless such labor or property and the value thereof, so to be specified as aforesaid, be approved by the board of incorporators.  HISTORY: 1962 Code Section 12-806; 1952 Code Section 12-806; 1942 Code Section 8140; 1932 Code Section 8140; Civ. C. '22 Section 4334; 1915 (29) 235.
SC Code § 33-45-70 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-70. Effect of failure to perform labor or deliver property.

 In case of failure to perform the labor or to deliver the property according to the terms of the subscription the money value thereof, as specified in the list of subscriptions, shall be paid by the subscribers.  HISTORY: 1962 Code Section 12-807; 1952 Code Section 12-807; 1942 Code Section 8140; 1932 Code Section 8140; Civ. C. '22 Section 4334; 1915 (29) 235.
SC Code § 33-45-80 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-80. Minimum amount and par value of stock.

 No association shall be formed under this chapter with a capital stock less than one hundred dollars. The par value of the shares shall not be less than five dollars.  HISTORY: 1962 Code Section 12-808; 1952 Code Section 12-808; 1942 Code Section 8141; 1932 Code Section 8141; Civ. C. '22 Section 4335; 1915 (29) 235.
SC Code § 33-45-90 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 45 - Cooperative Associations Generally|Section 33-45-90. Limitation on vote and amount of stock of single stockholder.

 No stockholder shall own shares of a greater par value than one fifth of the capital stock of the association or be entitled to more than one vote on any subject arising in the management of the association.  Notwithstanding the above provisions of this section, a telephone cooperative association may own a majority or all of the capital stock of another corporation or cooperative association and may cast votes on subjects pertaining to the management of the other corporation or cooperative association in an amount proportionally equal to the number of shares owned therein.  HISTORY: 1962 Code Section 12-809; 1952 Code Section 12-809; 1942 Code Section 8141; 1932 Code Section 8141; Civ. C. '22 Section 4335; 1915 (29) 235; 1983 Act No. 67, Section 1.