{"data":{"id":"us-sc/s.c.-code-ann.-33-8-110","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 33-8-110","heading":"Vacancy on board.","body":"(a) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors:\n(1) the shareholders may fill the vacancy;\n(2) the board of directors may fill the vacancy; or\n(3) if the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all the directors remaining in office.\n(b) If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group may fill the vacancy.\n(c) A vacancy that will occur at a specific later date (by reason of a resignation effective at a later date under Section 33-8-108(b) or otherwise) may be filled before the vacancy occurs but the new director may not take office until the vacancy occurs.\n(d) If, by reason of death, resignation, or other cause, a corporation has no directors in office, then any officer or any shareholder or an executor, administrator, trustee, or guardian of a shareholder or other fiduciary entrusted with like responsibility for the person or estate of a shareholder may call for a special meeting of shareholders to elect directors or may apply to the court for an order requiring election of directors.","path":["Title 33 - CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS","CHAPTER 8 Directors and Officers","ARTICLE 1 Board of Directors"],"source_url":"https://www.scstatehouse.gov/code/t33c008.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T07:02:54Z","sha256":"0b7e4645754b0764e3020029272c1cc357da5bf280e4274864d747dfb5f58fbf","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-33-8-109","next":"us-sc/s.c.-code-ann.-33-8-111"},"notice":"GroundRules: Original legal text. Not legal advice."}