South Carolina Selected Consequences of Public Company Status Memorandum

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US-TC1014
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Description

As a result of the public offering of securities by the company, the company will be obligated to file various periodic reports with the SEC. This memorandum lists all those reports (10-K, 10-Q, 8-K, etc.), what each report is, and the filing guidelines for each one.

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FAQ

SECTION 33-44-202. Organization. (a) One or more persons may organize a limited liability company, consisting of one or more members, by delivering articles of organization to the office of the Secretary of State for filing.

Definition and Elements of the Crime Specifically, the South Carolina criminal law prohibits: (1) acting in a loud and boisterous manner or being grossly intoxicated on any highway or at any public area/gathering; (2) the use of foul and obscene language on any highway or at any public area/gathering, etc.

The law, Section 16-17-530, prohibits ?gross intoxication? in public. Violation of this law is a misdemeanor that carries a fine of up to 100 dollars or up to 30 days in jail. This charge can't be expunged from your record.

South Carolina Code Section 16-17-560?which prohibits employment/occupation termination because of political opinions or the exercise of political rights and privileges?does not have an express private cause of action allowing a discharged employee to bring a claim under the statute.

In South Carolina, you must have a minimum of three directors. Most nonprofits will have more depending on the size and structure of the organization. South Carolina also requires that board members be naturalized persons. There are no residency or membership requirements in the state.

(a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a written or electronic ballot to every member entitled to vote on the matter.

South Carolina Business Corporation Act of 1988 defines a Corporation or Domestic Corporation as a corporation incorporated for profit and not a foreign corporation. Any person may act as the incorporator of a corporation by delivering articles of incorporation to the Secretary of State for filing.

SECTION 33-1-103. Designation of representation in magistrates' court; unauthorized practice of law. A corporation or partnership, as defined in this section, may designate an employee or principal of the corporation or partnership to represent it in magistrates' court.

SECTION 39-5-20. Unfair methods of competition and unfair or deceptive acts or practices unlawful; application of federal act. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

SECTION 16-17-500. Sale or purchase of tobacco products to minors; proof of age; location of vending machines; penalties; smoking cessation programs. (A) It is unlawful for an individual to sell, furnish, give, distribute, purchase for, or provide a tobacco product to a minor under the age of eighteen years.

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South Carolina Selected Consequences of Public Company Status Memorandum