South Carolina § 35-2-101 "Control shares" defined.

South Carolina Statutes

§ 35-2-101 — "Control shares" defined.

South Carolina·Title 35 SECURITIES·Ch. 2 CONTROL SHARE ACQUISITIONS; BUSINESS COMBINATIONS

As used in this article, "control shares" means shares that, except for this article, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power of the issuing public corporation in the election of directors within any of the following ranges of voting power:

(1)one-fifth or more but less than one-third of all voting power;

(2)one-third or more but less than a majority of all voting power;

(3)a majority or more of

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As used in this article, "control shares" means shares that, except for this article, would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power of the issuing public corporation in the election of directors within any of the following ranges of voting power: (1) one-fifth or more but less than one-third of all voting power; (2) one-third or more but less than a majority of all voting power; (3) a majority or more of all voting power.

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Legislative History

HISTORY: 1988 Act No. 444, SECTION 5, eff April 22, 1988. Editor's Note 1988 Act No. 444, SECTION 6 provides as follows: "Section 6. For purposes of this act, when the terms 'effective date of this chapter' or 'effective date of this article' or similar derivations thereof are used in Chapter 2, Title 35 of the 1976 Code, as contained in Section 5 of this act, these terms must be construed to mean the effective date of the amendments to Chapter 2 of Title 35 as contained in this act."