reglab/housing_qa huggingface dataset:
SC Code § 33-31-1004 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1004. Class voting by members on amendments.

 (a) The members of a class in a public benefit corporation are entitled to vote as a class on a proposed amendment to the articles if the amendment would change the rights of that class as to voting in a manner different than such amendment affects another class or members of another class.  (b) The members of a class in a mutual benefit corporation are entitled to vote as a class on a proposed amendment to the articles if the amendment would:  (1) affect the rights, privileges, preferences, restrictions, or conditions of that class as to voting, dissolution, redemption, or transfer of membership in a manner different than such amendment would affect another class;  (2) change the rights, privileges, preferences, restrictions, or conditions of that class as to voting, dissolution, redemption, or transfer of membership in a manner different than such amendment would affect another class;  (3) increase or decrease the number of memberships authorized for that class;  (4) increase the number of memberships authorized for another class;  (5) effect an exchange, reclassification, or termination of the memberships of that class; or  (6) authorize a new class of memberships.  (c) The members of a class of a religious corporation are entitled to a vote as a class on a proposed amendment to the articles only if a class vote is provided for in the articles or bylaws.  (d) If a class is to be divided into two or more classes as a result of an amendment to the articles of a public benefit or mutual benefit corporation, the amendment must be approved by the members of each class that would be created by the amendment.  (e) Except as provided in the articles or bylaws of a religious corporation, if a class vote is required to approve an amendment to the articles of a corporation, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less.  (f) A class of members of a public benefit or mutual benefit corporation is entitled to the voting rights granted by this section although the articles and bylaws provide that the class may not vote on the proposed amendment.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1005 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1005. Articles of amendment.

 A corporation amending its articles shall deliver to the Secretary of State articles of amendment setting forth:  (1) the name of the corporation;  (2) the text of each amendment adopted;  (3) the date of each amendment's adoption;  (4) if approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators;  (5) if approval by members was required:  (i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the amendment, and number of votes of each class indisputably voting on the amendment; and  (ii) either the total number of votes cast for and against the amendment by each class entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each class and a statement that the number cast for the amendment by each class was sufficient for approval by that class;  (6) if approval of the amendment by some person or persons other than the members, the board, or the incorporators is required pursuant to Section 33-31-1030, a statement that the approval was obtained;  (7) if an amendment provides for an exchange, reclassification, or cancellation of memberships, provisions for implementing the amendment if not contained in the amendment itself must be included in the articles.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1007 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1007. Amendment pursuant to judicial reorganization.

 (a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to Section 33-31-1030 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles after amendment contain only provisions required or permitted by Section 33-31-202.  (b) A corporation's articles may be amended in a proceeding brought by the Attorney General in the court of common pleas for Richland County to correct the statement in the articles of incorporation with regard to whether the corporation is a public benefit or mutual benefit corporation or, subject to the provisions of Section 33-31-180, a religious corporation.  (c) Any individual designated by the court shall deliver to the Secretary of State articles of amendment setting forth:  (1) the name of the corporation;  (2) the text of each amendment approved by the court;  (3) the date of the court's order or decree approving the articles of amendment;  (4) the title of the reorganization proceeding in which the order or decree was entered; and  (5) a statement that the court had jurisdiction of the proceeding under federal statute.  (d) Subsection (a) does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1008 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1008. Effect of amendment and restatement.

 An amendment to articles of incorporation does not affect a cause of action existing against or in favor of the corporation, a proceeding to which the corporation is a party, any requirement or limitation imposed upon the corporation, or any property held by it by virtue of any trust upon which such property is held by the corporation or the existing rights of persons other than members of the corporation. An amendment changing a corporation's name does not abate a proceeding brought by or against the corporation in its former name.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1020 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1020. Amendment of bylaws by directors.

 If a corporation has no members, or has no members entitled to vote on an amendment to the bylaws its incorporators, until directors have been chosen, and thereafter its board of directors, may adopt one or more amendments to the corporation's bylaws subject to any approval required pursuant to Section 33-31-1030. The corporation shall provide notice of any meeting of directors at which an amendment is to be approved. The notice shall be in accordance with Section 33-31-822(c). The notice also must state that the purpose, or one of the purposes, of the meeting is to consider a proposed amendment to the bylaws and contain or be accompanied by a copy or summary of the amendment or state the general nature of the amendment. The amendment must be approved by a majority of the directors in office at the time the amendment is adopted.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1021 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1021. Amendment of the bylaws by directors and members.

 (a) A corporation's board of directors may amend or repeal the corporation's bylaws unless:  (1) the articles of incorporation or this chapter reserves this power exclusively to the members in whole or part or requires the consent of someone pursuant to Section 33-31-1030; or  (2) the members in adopting, amending, or repealing a particular bylaw provide expressly that the board of directors may not adopt, amend, or repeal that bylaw or any bylaw on that subject.  (b) A corporation's members may amend or repeal the corporation's bylaws even though the bylaws also may be amended or repealed by its board of directors.  (c) A notice of a meeting for members at which bylaws are to be adopted, amended, or repealed shall state that the purpose, or one of the purposes, of the meeting is to consider the adoption, amendment, or repeal of bylaws and contain or be accompanied by a copy or summary of the proposal.  (d) Unless otherwise provided in the articles, an amendment to the bylaws which relates solely to the dues required for membership and which establishes or changes an amount for, or method of computation of, dues, must be approved by the members.  HISTORY: 1994 Act No. 384, Section 1, eff May 10, 1994.
SC Code § 33-31-1022 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1022. Class voting on bylaw amendment by members.

 (a) The members of a class in a public benefit corporation are entitled to vote as a class on a proposed amendment to the bylaws if the amendment would change the rights of that class as to voting in a manner different than such amendment affects another class or members of another class.  (b) The members of a class in a mutual benefit corporation are entitled to vote as a class on a proposed amendment to the bylaws if the amendment would:  (1) affect the rights, privileges, preferences, restrictions, or conditions of that class as to voting, dissolution, redemption, or transfer of membership in a manner different than such amendment would affect another class;  (2) change the rights, privileges, preferences, restrictions, or conditions of that class as to voting, dissolution, redemption, or transfer of membership in a manner different than such amendment would affect another class;  (3) increase or decrease the number of memberships authorized for that class;  (4) increase the number of memberships authorized for another class;  (5) effect an exchange, reclassification, or termination of the memberships of that class; or  (6) authorize a new class of memberships.  (c) The members of a class of a religious corporation are entitled to a vote as a class on a proposed amendment to the bylaws only if a class vote is provided for in the articles or bylaws.  (d) If a class is to be divided into two more classes as a result of an amendment to the bylaws of a public benefit or mutual benefit corporation, the amendment must be approved by the members of each class that would be created by the amendment.  (e) If a class vote is required to approve an amendment to the bylaws, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less.  (f) A class of members is entitled to the voting rights granted by this section although the articles and bylaws provide that the class may not vote on the proposed amendment.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1023 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1023. Bylaw increasing quorum or voting requirement for members.

 (a) The members may adopt or amend a bylaw that fixes a greater quorum or voting requirement for the members, or any class of members, than is required by this chapter. The adoption or amendment of a bylaw that adds, changes, or deletes a greater quorum or voting requirement for members, if required, must be approved as provided in Section 33-31-1030 and must meet the same quorum requirement and be adopted by the same vote and class vote required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is greater.  (b) A bylaw that fixes a greater quorum or voting requirement for members under subsection (a) may not be adopted, amended, or repealed by the board of directors.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1024 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1024. Bylaw increasing quorum or voting requirement for directors.

 (a) Subject to any additional approval required by Section 33-31-1030, a bylaw that fixes a greater quorum or voting requirement for the board of directors may be amended or repealed:  (1) if originally adopted by the members, only by the members;  (2) if originally adopted by the board of directors, either by the members or by the board of directors.  (b) A bylaw adopted or amended by the members that fixes a greater quorum or voting requirement for the board of directors may provide that it may be amended or repealed, subject to any additional approval required by Section 33-31-1030, only by a specified vote of either the members or the board of directors.  (c) Action by the board of directors under subsection (a)(2) to adopt or amend a bylaw that changes the quorum or voting requirement for the board of directors must meet the same quorum requirement and be adopted by the same vote required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is greater.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1030 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1030. Approval of the articles of incorporation and bylaws by third persons.

 The articles of only a religious corporation or public benefit corporation may require an amendment to the articles or bylaws to be approved in writing by a specified person or persons other than the board. The article provision may be amended only with the approval in writing of such person.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1031 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1031. Amendment terminating members or redeeming or canceling memberships.

 (a) An amendment to the articles or bylaws of a public benefit or mutual benefit corporation that would terminate all members or a class of members or redeem or cancel all memberships or a class of memberships must meet the requirements of this chapter.  (b) Before adopting a resolution proposing the amendment, the board of a mutual benefit corporation shall give notice of the general nature of the amendment to the members.  (c) After adopting a resolution proposing such an amendment, the notice to members proposing the amendment shall include one statement of up to five hundred words opposing the proposed amendment if the statement is submitted by any five members or members having three percent or more of the voting power, whichever is less, not later than twenty days after the board has voted to submit the amendment to the members for their approval. In public benefit corporations, the production and mailing costs must be paid by the requesting members. In mutual benefit corporations, the production and mailing costs must be paid by the corporation.  (d) Any such amendment must be approved by the members by two-thirds of the votes cast by each class.  (e) The provisions of Section 33-31-621 do not apply to any amendment meeting the requirements of this chapter.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1101 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1101. Approval of plan of merger.

 (a) Subject to the limitations set forth in Section 33-31-1102, one or more nonprofit corporations may merge with:  (1) a business or nonprofit corporation, and one or more business corporations may merge with a nonprofit corporation to the extent authorized in Section 33-11-101, if the plan of merger is approved as provided in Section 33-31-1103;  (2) a limited liability company, domestic or foreign;  (3) a partnership, domestic or foreign; or  (4) a limited partnership, domestic or foreign.  (b) The plan of merger must include:  (1) the name of each entity planning to merge and the name of the surviving entity into which each plans to merge;  (2) the terms and conditions of the planned merger;  (3) the manner and basis, if any, of converting the members of each public benefit or religious corporation into members of the surviving entity;  (4) if the merger involves a mutual benefit corporation, the manner and basis, if any, of converting membership of each merging entity into membership, obligations, or securities of the surviving entity or into cash or other property in whole or part.  (c) The plan of merger may set forth:  (1) any amendments to the articles of incorporation or bylaws of the surviving entity to be effected by the planned merger; and  (2) other provisions relating to the planned merger.  HISTORY: 1994 Act No. 384, Section 1; 2004 Act No. 221, Section 25.
SC Code § 33-31-1102 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1102. Limitations on mergers by public benefit or religious corporations.

 (a) Without the prior approval of the court of common pleas of Richland County in a proceeding in which the Attorney General has been given written notice, a public benefit or religious corporation may merge only with:  (1) a public benefit or religious corporation;  (2) a foreign corporation that would qualify under this chapter as a public benefit or religious corporation;  (3) a foreign or domestic business; mutual benefit corporation; or a corporation chartered directly by special act of the General Assembly, a city, county, or other governmental unit other than the Secretary of State, provided the public benefit or religious corporation is the surviving corporation and continues to be a public benefit or religious corporation after the merger; or,  (4) a foreign or domestic business or mutual benefit corporation, provided that:  (i) on or before the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets, including goodwill, of the public benefit corporation or religious corporation or the fair market value of the public benefit corporation or religious corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under Section 33-31-1406(a)(5) and (6) had it dissolved;  (ii) it shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and  (iii) the merger is approved by a majority of directors of the public benefit or religious corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation.  (b) At least twenty days before consummation of a merger of a public benefit corporation or a religious corporation pursuant to subsection (a)(4), notice, including a copy of the proposed plan of merger, must be delivered to the Attorney General.  (c) No member of a public benefit or religious corporation may receive or keep anything as a result of a merger other than a membership or membership in the surviving public benefit or religious corporation.  (d) Where approval or consent is required by this section, it must be given if the transaction is consistent with the purposes of the public benefit or religious corporation or is otherwise in the public interest.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1104 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1104. Articles of merger.

 After a plan of merger is approved by the board of directors of each merging corporation and if required by Section 33-31-1103 by the members and any other persons, the surviving corporation shall deliver to the Secretary of State articles of merger setting forth:  (1) the plan of merger;  (2) if approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors of each corporation;  (3) if approval by the members of one or more corporations was required:  (i) the designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and  (ii) either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;  (4) If approval of the plan by some person or persons other than the members of the board is required pursuant to Section 33-31-1103(a)(3), a statement that the approval was obtained;  (5) Unless a delayed effective date is specified, a merger takes effect when the articles of merger are filed.  HISTORY: 1994 Act No. 384, Section 1.
SC Code § 33-31-1105 (2021)
2021 South Carolina Code of Laws|Title 33 - Corporations, Partnerships and Associations|Chapter 31 - South Carolina Nonprofit Corporation Act|Section 33-31-1105. Effect of merger.

 When a merger takes effect:  (1) every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases;  (2) the title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment, subject to any and all conditions to which the property was subject before the merger;  (3) the surviving corporation has all liabilities and obligations of each corporation party to the merger;  (4) a proceeding pending against a corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased;  (5) the articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger; and  (6) the memberships or shares of each nonprofit or business corporation party to the merger that are to be converted into memberships, obligations, shares or other securities of the surviving or any other corporation or into cash or the other property are converted and the former holders of the memberships or shares are entitled only to the rights provided in the articles of merger.  HISTORY: 1994 Act No. 384, Section 1.