S.C. Code Ann. § 33-43-1007 – [Repealed eff January 1, 2001] Transaction of business without registration | Midpage
§ 33-43-1007
S.C. Code Ann. § 33-43-1007
[Repealed eff January 1, 2001] Transaction of business without registration
(A) A foreign limited liability company transacting business in this State may not maintain an action, suit, or proceeding in a court of this State until it has registered in this State.
(B) The failure of a foreign limited liability company to register in this State does not:
(1) impair the validity of any contract or act of the foreign limited liability company;
(2) affect the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or
(3) prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this State.
(C) A foreign limited liability company, by transacting business in this State without registration, appoints the Secretary of State as its agent for service of process with respect to a cause of action arising out of the transaction of business in this State.
(D) A foreign limited liability company which transacts business in this State without registration shall be liable to the State for the years or parts thereof during which it transacted business in this State without registration in an amount equal to all fees which would have been imposed by Sections 33-43-101 through 33-43-1409 upon that foreign limited liability company had it duly registered, and all penalties imposed by Sections 33-43-101 through 33-43-1409, the Attorney General may bring proceedings to recover all amounts due this State under the provisions of this section.
(E) A foreign limited liability company which transacts business in this State without registration shall be subject to a civil penalty, payable to the State of ten dollars per day, not to exceed one thousand dollars per year.
(F) The civil penalty set forth in subsection (E) may be recovered in an action brought within a court by the Attorney General. Upon a finding by the court that a foreign limited liability company has transacted business in this State in violation of Sections 33-43-101 through 33-43-1409, the court shall issue, in addition to the imposition of a civil penalty, an injunction restraining further transactions of the business of the foreign limited liability company and the further exercise of any limited liability company's rights and privileges in this State. The foreign limited liability company shall be enjoined from transacting business in this State until all civil penalties plus any interest and court costs which the court may assess have been paid and until the foreign limited liability company has otherwise complied with the provisions of Sections 33-43-1001 through 33-43-1008.
(G) A member or manager of a foreign limited liability company is not liable for the debts and obligations of the limited liability company solely because the limited liability company transacted business in this State without registration.