South Carolina Code 56-14-110. Sale of business assets, stock transfer, or other change in ownership by dealer; notice; objection; succession to dealership by family member; burden of proof
(1) has previously been terminated by the manufacturer for breach of its dealer agreement;
Terms Used In South Carolina Code 56-14-110
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Conviction: A judgement of guilt against a criminal defendant.
- Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter to sell new recreational vehicles to the retail public. See South Carolina Code 56-14-10
- Family member: means a spouse, child, grandchild, parent, sibling, niece, nephew, or the spouse thereof. See South Carolina Code 56-14-10
- Fraud: Intentional deception resulting in injury to another.
- Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See South Carolina Code 56-14-10
- Trustee: A person or institution holding and administering property in trust.
(2) has been convicted of a felony or any crime of fraud, deceit, or moral turpitude;
(3) lacks any license required by law;
(4) does not have an active line of credit sufficient to purchase a manufacturer’s product; or
(5) has undergone in the last ten years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee’s business or property.
(B) If the manufacturer objects to a proposed change of ownership, the manufacturer shall give written notice of its reasons to the dealer within ten business days after receipt of the dealer’s notification and complete documentation. The manufacturer has the burden of proof with regard to its objection. If the manufacturer does not give timely notice of its objection, the change or sale shall be deemed approved.
(C) It is unlawful for a manufacturer to fail to provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. It is unlawful to prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer has provided to the dealer written notice of its objections within ten days after receipt of the dealer’s modification of the dealer’s succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only:
(1) conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude;
(2) bankruptcy or insolvency of the successor during the past ten years;
(3) prior termination by the manufacturer of the successor for breach of a dealer agreement;
(4) the successor lacks an active line of credit sufficient to purchase the manufacturer’s recreational vehicles; or
(5) the successor lacks any license required by law.
(D) The manufacturer has the burden of proof regarding its objection. However, a family member may not succeed to a dealership if the succession involves, without the manufacturer’s consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement.