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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 33-10-108: Amendment pursuant to reorganization.

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Where this section sits in the code
  1. Title 33 - CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS
  2. CHAPTER 10 Amendment of Articles of Incorporation and Bylaws
  3. ARTICLE 1 Amendment of Articles of Incorporation

(a) A corporation's articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by Section 33-2-102.

(b) The individual designated by the court shall deliver to the Secretary of State for filing 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.

(c) Shareholders of a corporation undergoing reorganization do not have dissenters' rights except as and to the extent provided in the reorganization plan.

(d) This section 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.

Collected 2026-09-02T07:03:04Z. Source file · JSON

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