The Official Web Site of the State of South Carolina

Did you know that as of January 1, 2024, the Corporate Transparency Act enacted by Congress requires many companies to report beneficial ownership information to the US Treasury Financial Crimes Enforcement Network (FinCEN)? Beneficial ownership information (BOI), as defined by FinCEN, is identifying information about the individuals who directly or indirectly own or control a company. Please review the BOI links on our website to see if you are required to report to FinCEN.

Mark Hammond

Railroads

Title 58, Chapter 15 of the S.C. Code of Laws sets forth the process of incorporation for railroads, street railways, steamboats, and canal companies. This process requires applicants to file a petition with the Secretary of State, after which the Secretary of State may issue a commission. Incorporators then file a return and the Secretary of State may issue a charter if the requirements of the chapter have been met.

Title 58, Chapter 17 of the S.C. Code of Laws is “The General Railroad Law” and requires that when a corporation is formed for purposes of owning, possessing, maintaining and operating a railroad, a certificate is filed with the Secretary of State, which is evidence of the existence of the corporation. In addition, when railroad companies consolidate, a certified copy of the agreement and act of consolidation is filed with and certified by the Secretary of State. 

Title 30, Chapter 11 of the S.C. Code of Laws governs the recording of deeds and documents of railroads. Conveyances, leases, mortgages and other instruments of a railroad company must be filed with the Secretary of State pursuant to this Chapter.

There are not specific forms that must be used for purposes of these filings. Railroad companies may file documents containing the information required by these statutes.