South Carolina § 33-49-640 - Annual election and term of trustees.

§ 33-49-640. Annual election and term of trustees.

The trustees of a cooperative named in any articles of incorporation, consolidation, merger or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors have been elected and qualified. Incumbent trustees seeking reelection shall not directly or indirectly influence the nomination or credentials process. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect trustees to hold office until the next following annual meeting of the members, except as otherwise provided. Each trustee shall hold office for the term for which he is elected or until his successor is elected and qualified.

HISTORY: 1962 Code SECTION 12-1044; 1952 Code SECTION 12-1044; 1942 Code SECTION 8555-99; 1939 (41) 240; 2019 Act No. 56 (H.3145), SECTION 11, eff August 1, 2020.

Editor's Note

2019 Act No. 56, SECTION 16, provides as follows:

"SECTION 16. Where the provisions of new or revised 1976 Code sections or subsections contained in this act conflict with provisions of the bylaws of an electric cooperative, the provisions of this act control and the cooperative, as permitted by Section 33-49-280, shall amend and conform its bylaw provisions accordingly."

Effect of Amendment

2019 Act No. 56, SECTION 11, in the first sentence, substituted "have been elected" for "shall have been elected", inserted the second sentence, relating to incumbent trustees seeking reelection, made a nonsubstantive in the third sentence, and in the fourth sentence, substituted "is elected" for "shall have been elected".