South Carolina Limitation on Disposition of Securities Memorandum

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Multi-State
Control #:
US-TC1015
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Description

The purpose of this memorandum is to review certain reporting and disclosure requirements, and certain restrictions that may limit the disposition of securities of the company held by its officers, directors and principal shareholders, which are imposed by the Securities Act of 1933, the Securities and Exchange Act of 1934, and the rules of the Securities and Exchange Commission thereunder. This memorandum is prepared for the management of the company and should be treated as a confidential communication between the company and its counsel.

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FAQ

Section 12-37-3140 of the South Carolina Code of Laws An assessable transfer of interest (ATI) means a transfer of an existing interest in real property that subjects the real property to appraisal. For purposes of this definition, an existing interest in real property includes life estate interests.

Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this article.

SECTION 62-2-401. Exempt property. The surviving spouse of a decedent who was domiciled in this State is entitled from the estate to a value not exceeding twenty-five thousand dollars in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects.

SECTION 62-7-410. Modification or termination of trust; proceedings for approval or disapproval.

The spousal elective share statute in South Carolina provides that the surviving spouse has the right to claim one-third of the estate even it they are completely disinherited in the decedent's last will and testament. Often, due to unhappy circumstances, someone will want to completely disinherit their spouse.

Methods of creating trust. (iii) exercise of a power of appointment in favor of a trustee. (2) To be valid, a trust of real property, created by transfer in trust or by declaration of trust, must be proved by some writing signed by the party creating the trust.

In South Carolina, there is no statute of limitations on crime. However, in the context of South Carolina personal injury or wrongful death cases, the clock usually starts on the day of the incident (exp. car accident). In most cases, you have 3 years to file suit against a non-governmental defendant.

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.

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South Carolina Limitation on Disposition of Securities Memorandum