South Carolina Statutes
§ 33-31-833 — Liability for unlawful distributions.
South Carolina § 33-31-833
JurisdictionSouth Carolina
Title 33CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS
Ch. 31SOUTH CAROLINA NONPROFIT CORPORATION ACT
This text of South Carolina § 33-31-833 (Liability for unlawful distributions.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 33-31-833 (2026).
Text
(a)Unless a director complies with the applicable standards for conduct described in Section 33-31-830, a director who votes for or assents to a distribution made in violation of this chapter or the articles of incorporation is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating this chapter.
(b)A director held liable for an unlawful distribution under subsection (a) is entitled to contribution:
(1)from every other director who voted for or assented to the distribution without complying with the applicable standards of conduct described in Section 33-31-830; and (2) from each person who received an unlawful distribution for the amount of the distribution whether or not the person receiving the distributi
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Legislative History
HISTORY: 1994 Act No. 384, SECTION 1.
Nearby Sections
15
§ 33-31-1001
Authority to amend articles of incorporation.§ 33-31-1002
Amendment of articles by directors.§ 33-31-1003
Amendment of articles by directors and members.§ 33-31-1004
Class voting by members on amendments.§ 33-31-1005
Articles of amendment.§ 33-31-1006
Restated articles of incorporation.§ 33-31-1007
Amendment pursuant to judicial reorganization.§ 33-31-1008
Effect of amendment and restatement.§ 33-31-101
Short title.§ 33-31-102
Reservation of power to amend or repeal.§ 33-31-1020
Amendment of bylaws by directors.§ 33-31-1022
Class voting on bylaw amendment by members.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 33-31-833, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/31/33-31-833.