2018 South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
CHAPTER 36 - CORPORATIONS NOT-FOR-PROFIT FINANCED BY FEDERAL OR STATE LOANS
2000 Act No. 404, Section 1, provides as follows:
"(A)(1) This act must be construed liberally. The enumeration of any object, purposes, power, manner, method, or thing does not exclude like or similar objects, purposes, powers, manners, methods, or things.
"(2) The provisions of this chapter may not be repealed by implication. If they conflict with other provisions of the 1976 Code, the provisions of this chapter prevail.
"3) The powers and authorities conferred by this chapter may be added to and supplemented by any other general law.
"(B) The General Assembly finds that corporations not-for-profit established pursuant to this chapter have been authorized to provide the local governmental functions of water service or sewage treatment or a combination of both, fire protection service, ambulance service, and medical clinic facilities. Corporations not-for-profit exist for a public purpose, and the General Assembly declares that corporations not-for-profit must be treated like special purpose districts for purposes of Chapter 78 of Title 15, Chapter 56 of Title 12, and Sections 56-3-780 and 58-31-30(23) of the 1976 Code. Corporations not-for-profit may participate, under the same conditions as afforded special purpose districts, in the State Retirement System, the State Health Insurance System, state purchasing programs, and Sections 1-11-140 and 1-11-141 of the 1976 Code."
2000 Act No. 404, Section 7, provides as follows:
"Any charter of a corporation not-for-profit filed with the Secretary of State before the effective date of this act is not repealed or nullified by this act. If any article, sector, or paragraph of an existing charter is inconsistent with a provision of this act, the article, sector, or paragraph is automatically modified to the extent necessary to conform with this act."
- Section 33-36-10. "Corporation not-for-profit" defined.
- Section 33-36-20. Issuance of stock; compensation of members and officers; disposition of assets upon dissolution.
- Section 33-36-210. Articles of incorporation.
- Section 33-36-220. When corporation constituted.
- Section 33-36-230. Fees.
- Section 33-36-240. Amendment of charter and articles of incorporation.
- Section 33-36-250. Conformance to provisions of Sections 33-36-10 and 33-36-20.
- Section 33-36-260. Powers.
- Section 33-36-270. Additional powers.
- Section 33-36-280. Nonprofit corporations providing water supply or sewage disposal; exemption from rate regulation.
- Section 33-36-290. Effect of irregularity in complying with provisions of chapter.
- Section 33-36-300. Amendment of bylaws; emergency bylaws.
- Section 33-36-410. Use of services provided as condition of membership.
- Section 33-36-420. Annual meetings.
- Section 33-36-430. Quorum.
- Section 33-36-440. Voting.
- Section 33-36-450. Member petitions.
- Section 33-36-460. Private property of members exempted from liability for debt of corporation.
- Section 33-36-610. Governing board; powers; membership.
- Section 33-36-620. Quorum.
- Section 33-36-630. Indemnification of board members who become parties to proceedings.
- Section 33-36-640. Standards for board members.
- Section 33-36-650. Election of board members; district representation; terms.
- Section 33-36-660. Immunity.
- Section 33-36-670. Officers.
- Section 33-36-810. Sale of assets.
- Section 33-36-820. Consolidation.
- Section 33-36-830. Merger.
- Section 33-36-840. Effect of consolidation or merger.
- Section 33-36-1010. Voluntary dissolution of corporation-not-for profit which has not commenced business.
- Section 33-36-1020. Voluntary dissolution of corporation not-for-profit which has commenced business.
- Section 33-36-1030. Certificate of election to dissolve; affidavit of compliance.
- Section 33-36-1040. Submission of certificate of dissolution and affidavit to Secretary of State.
- Section 33-36-1050. Winding up and settling affairs.
- Section 33-36-1060. Notice of winding up proceedings.
- Section 33-36-1070. Articles of dissolution.
2001 Act No. 78, Section 1, provides as follows:
"Act 1030 of 1964 was enacted to take advantage of federal funding available through the Farmer's Home Administration Act to provide for the growing need for utility and other services, especially in rural areas. Since that time, the availability of the funding has diminished, and federal and state funding are more often provided from additional sources. The General Assembly finds, under certain conditions, that the not-for-profit corporations organized under Act 1030 of 1964, for the purposes of providing water services, should be granted the right to elect to become public bodies politic and corporate for reasons including, but not limited to, the following:
"(1) the opportunity to receive funding, loans, and grants from other sources such as the State Revolving Fund will be increased or enhanced;
"(2) the right to participate in a joint municipal water system as authorized under Chapter 25, Title 6 of the 1976 Code will be afforded; and
"(3) the cost of borrowing money for infrastructure construction and expansion will be lower and growth demands more economically met."
- Section 33-36-1310. Election procedures for nonprofit corporation providing water and sewer services to become a public service district.
- Section 33-36-1315. Resolution to become public service district; notice; petition; vote.
- Section 33-36-1320. Petition for charter.
- Section 33-36-1330. Appointment or election of board members.
- Section 33-36-1340. Election of commissioners.
- Section 33-36-1350. Election of officers by the board.
- Section 33-36-1360. Rights and powers of district.
- Section 33-36-1370. District to assume all assets, properties and liabilities of antecedent nonprofit corporation.