reglab/housing_qa huggingface dataset:
SC Code § 36-9-515 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.

 (a) Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of five years after the date of filing.  (b) Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thirty years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.  (c) The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.  (d) A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the thirty-year period specified in subsection (b), whichever is applicable.  (e) Except as otherwise provided in Section 36-9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.  (f) If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.  (g) A record of a mortgage that is effective as a financing statement filed as a fixture filing under Section 36-9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.  HISTORY: 2001 Act No. 67, Section 12; 2013 Act No. 96, Section 14, eff July 1, 2013.  Effect of Amendment  The 2013 amendment, in subsection (f), inserted "initial".
SC Code § 36-9-517 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-517. Effect of indexing errors.

 The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.  HISTORY: 2001 Act No. 67, Section 12.
SC Code § 36-9-520 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-520. Acceptance and refusal to accept record.

 (a) A filing office shall refuse to accept a record for filing for a reason set forth in Section 36-9-516(b) and may refuse to accept a record for filing only for a reason set forth in Section 36-9-516(b).  (b) If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in Section 36-9-501(a)(2), in no event more than two business days after the filing office receives the record.  (c) A filed financing statement satisfying Section 36-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, Section 36-9-338 applies to a filed financing statement providing information described in Section 36-9-516(b)(5) which is incorrect at the time the financing statement is filed.  (d) If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.  (e)(1) If the Secretary of State refuses to accept a record for filing pursuant to Section 36-9-516 (b)(8) or (9) or cancels a wrongfully filed record pursuant to Section 36-9-518(d) the secured party may file an appeal within thirty days after the refusal or cancellation in the Administrative Law Court consistent with the Administrative Law Court rules.  (2) The Administrative Law Court's final decision may be appealed as in accordance with Administrative Law Court rules.  HISTORY: 2001 Act No. 67, Section 12; 2005 Act No. 161, Section 37.D, eff upon approval (became law without the Governor's signature on June 9, 2005).  Effect of Amendment  The 2005 amendment added subsection (e) relating to appeals from the Secretary of State's refusal to file or cancellation of filing.
SC Code § 36-9-522 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-522. Maintenance and destruction of records.

 (a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under Section 36-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:  (1) if the record was filed or recorded in the filing office described in Section 36-9-501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or  (2) if the record was filed in the filing office described in Section 36-9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.  (b) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).  HISTORY: 2001 Act No. 67, Section 12.
SC Code § 36-9-523 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-523. Information from filing office; sale or license of records.

 (a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to Section 36-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:  (1) note upon the copy the number assigned to the record pursuant to Section 36-9-519(a)(1) and the date and time of the filing of the record; and  (2) send the copy to the person.  (b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:  (1) the information in the record;  (2) the number assigned to the record pursuant to Section 36-9-519(a)(1); and  (3) the date and time of the filing of the record.  (c) The Secretary of State's office shall communicate or otherwise make available in a record the following information to any person that requests it:  (1) whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:  (A) designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;  (B) has not lapsed under Section 36-9-515 with respect to all secured parties of record; and  (C) if the request so states, has lapsed under Section 36-9-515 and a record of which is maintained by the filing office under Section 36-9-522(a);  (2) the date and time of filing of each financing statement; and  (3) the information provided in each financing statement.  (d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing its written certificate or a record that can be admitted into evidence in the courts of this State without extrinsic evidence of its authenticity.  (e) The Secretary of State's office described in Section 36-9-501(a)(2) shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request.  (f) At least weekly, the filing office described in Section 36-9-501(a)(2) shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office.  HISTORY: 2001 Act No. 67, Section 12.
SC Code § 36-9-524 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-524. Delay by filing office.

 Delay by the filing office beyond a time limit prescribed by this part is excused if:  (1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and  (2) the filing office exercises reasonable diligence under the circumstances.  HISTORY: 2001 Act No. 67, Section 12.
SC Code § 36-9-525 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-525. Fees.

 (a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:  (1) eight dollars if the record is communicated in writing and consists of one or two pages;  (2) ten dollars if the record is communicated in writing and consists of three pages and one dollar for each additional page after the third page; and  (3) ten dollars if the record is communicated by another medium authorized by filing-office rule.  (b) Except as otherwise provided in subsection (e), the fee for filing and indexing an initial financing statement of the following kind is the amount specified in subsection (c), if applicable, plus:  (1) twenty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction;  (2) twenty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.  (c) Except as otherwise provided in subsection (e), if a record is communicated in writing, the fee for each name more than two required to be indexed is two dollars.  (d) The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:  (1) five dollars if the request is communicated in writing; and  (2) five dollars if the request is communicated by another medium authorized by filing-office rule.  (e) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under Section 36-9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.  HISTORY: 2001 Act No. 67, Section 12; 2002 Act No. 329, Section 3E, eff July 1, 2002; 2003 Act No. 26, Section 1, eff May 14, 2003.  Effect of Amendment  The 2002 amendment, in subsection (a), deleted paragraphs (1) to (3) and added the last clause starting with "two dollars".  The 2003 amendment, in subsection (a), substituted paragraphs (1) to (3) for "two dollars for the first page and one dollar for each additional page" at the end of the subsection.
SC Code § 36-9-526 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-526. Filing-office rules.

 (a) The Secretary of State shall adopt and publish rules to implement this chapter. The filing-office rules must be:  (1) consistent with this chapter; and  (2) adopted and published in accordance with the Administrative Procedures Act.  (b) To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing filing-office rules, shall:  (1) consult with filing offices in other jurisdictions that enact substantially this part; and  (2) consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and  (3) take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.  HISTORY: 2001 Act No. 67, Section 12.
SC Code § 36-9-601 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

 (a) After default, a secured party has the rights provided in this part and, except as otherwise provided in Section 36-9-602, those provided by agreement of the parties. A secured party:  (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and  (2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.  (b) A secured party in possession of collateral or control of collateral under Section 36-7-106, 36-9-104, 36-9-105, 36-9-106, or 36-9-107 has the rights and duties provided in Section 36-9-207.  (c) The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.  (d) Except as otherwise provided in subsection (g) and Section 36-9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.  (e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:  (1) the date of perfection of the security interest or agricultural lien in the collateral;  (2) the date of filing a financing statement covering the collateral; or  (3) any date specified in a statute under which the agricultural lien was created.  (f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this Section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.  (g) Except as otherwise provided in Section 36-9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.  HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12; 2014 Act No. 213 (S.343), Section 45, eff October 1, 2014.  Editor's Note  2014 Act No. 213, Section 51, provides as follows:  "SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."  Effect of Amendment  2014 Act No. 213, Section 45, in subsection (b), inserted "36-7-106".
SC Code § 36-9-602 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-602. Waiver and variance of rights and duties.

 Except as otherwise provided in Section 36-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:  (1) Section 36-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;  (2) Section 36-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;  (3) Section 36-9-607(c), which deals with collection and enforcement of collateral;  (4) Sections 36-9-608(a) and 36-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;  (5) Sections 36-9-608(a) and 36-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;  (6) Section 36-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;  (7) Sections 36-9-610(b), 36-9-611, 36-9-613, and 36-9-614, which deal with disposition of collateral;  (8) Section 36-9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;  (9) Section 36-9-616, which deals with explanation of the calculation of a surplus or deficiency;  (10) Sections 36-9-620, 36-9-621, and 36-9-622, which deal with acceptance of collateral in satisfaction of obligation;  (11) Section 36-9-623, which deals with redemption of collateral;  (12) Section 36-9-624, which deals with permissible waivers; and  (13) Sections 36-9-625 and 36-9-626, which deal with the secured party's liability for failure to comply with this chapter.  HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
SC Code § 36-9-603 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-603. Agreement on standards concerning rights and duties.

 (a) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 36-9-602 if the standards are not manifestly unreasonable.  (b) Subsection (a) does not apply to the duty under Section 36-9-609 to refrain from breaching the peace.  HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
SC Code § 36-9-604 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-604. Procedure if security agreement covers real property or fixtures.

 (a) If a security agreement covers both personal and real property, a secured party may proceed:  (1) under this part as to the personal property without prejudicing any rights with respect to the real property; or  (2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.  (b) Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:  (1) under this part; or  (2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.  (c) Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.  (d) A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.  HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
SC Code § 36-9-605 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-605. Unknown debtor or secondary obligor.

 A secured party does not owe a duty based on its status as secured party:  (1) to a person that is a debtor or obligor, unless the secured party knows:  (A) that the person is a debtor or obligor;  (B) the identity of the person; and  (C) how to communicate with the person; or  (2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:  (A) that the person is a debtor; and  (B) the identity of the person.  HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
SC Code § 36-9-606 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 9 - Commercial Code - Secured Transactions|Section 36-9-606. Time of default for agricultural lien.

 For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.  HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.