United States · South Carolina

Annual meeting requirements in South Carolina (SCBCA)

South Carolina corporations must hold an annual shareholders' meeting under S.C. Code § 33-7-101 at a time fixed by the bylaws. The meeting can be replaced by majority written consent under § 33-7-104.

Governing statute
South Carolina Business Corporation Act of 1988, S.C. Code § 33-1-101 et seq.
S.C. Code § 33-7-101Annual meeting required
S.C. Code § 33-7-104Action without meeting
S.C. Code § 33-7-105Notice of meeting
S.C. Code § 33-7-121Voting
DeadlineEach year as fixed by bylaws
Written consentMajority sufficient for most actions
At a glance
  • Annual meeting under § 33-7-101 at time fixed by bylaws
  • South Carolina follows the MBCA framework
  • Written consent under § 33-7-104 permits majority for most actions
  • Notice 10-60 days before the meeting under § 33-7-105
  • Court-ordered meeting available under § 33-7-103

S.C. Code § 33-7-101 requirements

Section 33-7-101 of the South Carolina Business Corporation Act requires every SC corporation to hold an annual shareholders' meeting at a time fixed by the bylaws. The meeting elects directors and addresses other proper business. SC adopted the MBCA, so the framework follows MBCA Chapter 7 closely.

Written consent under § 33-7-104

SC's consent regime permits action by written consent signed by holders of the minimum votes required at a meeting. For most actions including director elections, majority consent is sufficient.

Notice under § 33-7-105

Notice must be sent not less than 10 nor more than 60 days before the meeting, consistent with MBCA conventions.

What's distinctive about South Carolina

South Carolina is largely MBCA-aligned for annual-meeting purposes. The state's distinctive feature is the combined annual-report-and-corporate-tax filing (Form CL-1 attached to Form CL-4) administered by the Department of Revenue rather than the Secretary of State. The annual-meeting framework itself follows standard MBCA Chapter 7. For closely-held SC corporations, the annual meeting and the annual tax-and-report filing are separate calendar events that both need to be tracked.

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