S.C. Code § 33-8-330

Current through 2024 Act No. 225.
Section 33-8-330 - Liability for unlawful distributions
(a) A director who votes for or assents to a distribution made in violation of Section 33-6-400 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 Section 33-6-400 or the articles of incorporation if it is established that he did not perform his duties in compliance with Section 33-8-300. In any proceeding commenced under this section, a director has all of the defenses ordinarily available to a director.
(b) A director held liable under subsection (a) for an unlawful distribution is entitled to contribution:
(1) from every other director who could be held liable under subsection (a) for the unlawful distribution; and
(2) from each shareholder for the amount the shareholder accepted knowing the distribution was made in violation of Section 33-6-400 or the articles of incorporation.

S.C. Code § 33-8-330

1988 Act No. 444, Section 2; Repealed, 1988 Act No. 444, Section 2]; 1981 Act No. 146, Section 2; 1962 (52) 1996; Derived from 1976 Code Section 33-13-190 [1962 Code Section 12-18.19.