South Carolina § 41-31-100 Successor by purchase, merger of entire business as employer; notice.

South Carolina Statutes

§ 41-31-100 — Successor by purchase, merger of entire business as employer; notice.

South Carolina § 41-31-100

Title 41LABOR AND EMPLOYMENT

Ch. 31CONTRIBUTIONS AND PAYMENTS TO THE UNEMPLOYMENT TRUST FUND

This text of South Carolina § 41-31-100 (Successor by purchase, merger of entire business as employer; notice.) 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. § 41-31-100 (2026).

Text

Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues the acquired business, shall be deemed to be a successor to the predecessor from whom the business was acquired for the purpose of this article and, if not already an employer prior to the acquisition, shall become an employer on the date of the acquisition and shall succeed to the employment benefit experience record of the predecessor. The department shall prescribe by regulation the notice to be given of the acquisition. For the purposes of Chapters 27 through 41 of this title the term "substantially all" means ninety-five percent or more of the business as determined by the department in a particular case.

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Any person or other legal entity who acquires by purchase, merger, consolidation, devise, inheritance or other means substantially all of the business of any employer and continues the acquired business, shall be deemed to be a successor to the predecessor from whom the business was acquired for the purpose of this article and, if not already an employer prior to the acquisition, shall become an employer on the date of the acquisition and shall succeed to the employment benefit experience record of the predecessor. The department shall prescribe by regulation the notice to be given of the acquisition. For the purposes of Chapters 27 through 41 of this title the term "substantially all" means ninety-five percent or more of the business as determined by the department in a particular case.

Legislative History

HISTORY: 1962 Code SECTION 68-178; 1952 Code SECTION 68-178; 1942 (42) 1691; 1943 (43) 318; 1944 (43) 1296; 1966 (54) 2640; 2010 Act No. 234, SECTION 1, eff January 1, 2011. Effect of Amendment The 2010 amendment substituted "department" for "Commission" in the second and third sentences, and made nonsubstantive changes.