South Carolina § 33-8-109 - Removal of directors by judicial proceeding.
Full text of South Carolina South Carolina Code of Laws § 33-8-109 — Removal of directors by judicial proceeding., with citation guidance and answers to common questions.
§ 33-8-109. Removal of directors by judicial proceeding.
(a) The circuit court of the county where a corporation's principal office (or, if none in this State, its registered office) is located may remove a director of the corporation from office in a proceeding commenced either by the corporation or by its shareholders holding at least five percent of the outstanding shares of any class if the court finds that (1) the director engaged in fraudulent or dishonest acts, or gross abuse of authority in discharge of duties to the corporation, and (2) removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from reelection for a period prescribed by the court.
(c) If shareholders commence a proceeding under subsection (a), they shall make the corporation a party defendant.
HISTORY: Derived from 1976 Code SECTION 33-13-70 [1962 Code SECTION 12-18.7; 1962 (52) 1996; 1981 Act No. 146, SECTION 2; Repealed, 1988 Act No. 144, SECTION 2]; 1988 Act No. 444, SECTION 2.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 33-8-109
What does South Carolina Code of Laws § 33-8-109 cover?
Section 33-8-109 ("Removal of directors by judicial proceeding.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 33-8-109?
A common citation format is "South Carolina Code of Laws § 33-8-109" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 33-8-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.