reglab/housing_qa huggingface dataset:
SC Code § 36-4-301 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-301. Posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

 (a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it  (1) returns the item;  (2) returns an image of the item, if the party to which the return is made has entered into an agreement to accept an image as a return of the item and the image is returned in accordance with that agreement; or  (3) sends a record providing notice of dishonor or nonpayment if the item is unavailable for return.  (b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in Subsection (a).  (c) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.  (d) An item is returned:  (1) as to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing-house rules; or  (2) in all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.  HISTORY: 1962 Code Section 10.4-301; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-302 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-302. Payor bank's responsibility for late return of item.

 (a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:  (1) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or  (2) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.  (b) The liability of a payor bank to pay an item pursuant to Subsection (a) is subject to defenses based on breach of a presentment warranty (Section 36-4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.  HISTORY: 1962 Code Section 10.4-302; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-303 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-303. When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be changed or certified.

 (a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:  (1) the bank accepts or certifies the item;  (2) the bank pays the item in cash;  (3) the bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement;  (4) the bank becomes accountable for the amount of the item under Section 36-4-302 dealing with the payor bank's responsibility for late return of items; or  (5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.  (b) Subject to Subsection (a), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.  HISTORY: 1962 Code Section 10.4-303; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-401 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-401. When bank may charge customer's account.

 (a) A bank may charge against the account of a customer an item that is properly payable from the account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.  (b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.  (c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in Section 36-4-403(b) for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 36-4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Section 36-4-402. (d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:  (1) the original terms of the altered item; or  (2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.  HISTORY: 1962 Code Section 10.4-401; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-402 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-402. Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account.

 (a) Except as otherwise provided in this Chapter, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.  (b) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.  (c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.  HISTORY: 1962 Code Section 10.4-402; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-403 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-403. Customer's right to stop payment; burden of proof of loss.

 (a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in Section 36-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.  (b) A stop-payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in a record within that period. A stop-payment order may be renewed for additional six-month periods by a record given to the bank within a period during which the stop-payment order is effective.  (c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under Section 36-4-402.  HISTORY: 1962 Code Section 10.4-403; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-404 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-404. Bank not obliged to pay check more than six months old.

 A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.  HISTORY: 1962 Code Section 10.4-404; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-405 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-405. Death or incompetence of a customer.

 (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.  (b) Even with knowledge, a bank may for 10 days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.  HISTORY: 1962 Code Section 10.4-405; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-407 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-407. Payor bank's right to subrogation on improper payment.

 If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights  (1) of any holder in due course on the item against the drawer or maker;  (2) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and  (3) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.  HISTORY: 1962 Code Section 10.4-407; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-501 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

 A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.  HISTORY: 1962 Code Section 10.4-501; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-502 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-502. Presentment of "on arrival" drafts.

 If a draft or the relevant instructions require presentment "on arrival", "when goods arrive" or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.  HISTORY: 1962 Code Section 10.4-502; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-503 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-503. Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

 Unless otherwise instructed and except as provided in Chapter 5, a bank presenting a documentary draft:  (1) must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and  (2) upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions. However the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.  HISTORY: 1962 Code Section 10.4-503; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4-504 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4 - Commercial Code - Bank Deposits And Collections|Section 36-4-504. Privilege of presenting bank to deal with goods; security interest for expenses.

 (a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.  (b) For its reasonable expenses incurred by action under Subsection (a) the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien.  HISTORY: 1962 Code Section 10.4-504; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.
SC Code § 36-4A-101 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4A - Commercial Code - Funds Transfers|Section 36-4A-101. Short title.

 This chapter may be cited as Uniform Commercial Code-Funds Transfers.  HISTORY: 1996 Act No. 221, Section 1.
SC Code § 36-4A-102 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4A - Commercial Code - Funds Transfers|Section 36-4A-102. Subject matter.

 Except as otherwise provided in Section 36-4A-108, this chapter applies to funds transfers defined in Section 36-4A-104.  HISTORY: 1996 Act No. 221, Section 1.
SC Code § 36-4A-103 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4A - Commercial Code - Funds Transfers|Section 36-4A-103. Payment order-Definitions.

 (a) In this chapter:  (1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:  (i) the instruction does not state a condition to payment to the beneficiary other than time of payment;  (ii) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and  (iii) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.  (2) "Beneficiary" means the person to be paid by the beneficiary's bank.  (3) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.  (4) "Receiving bank" means the bank to which the sender's instruction is addressed.  (5) "Sender" means the person giving the instruction to the receiving bank.  (b) If an instruction complying with subsection (a)(1) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.  (c) A payment order is issued when it is sent to the receiving bank.  HISTORY: 1996 Act No. 221, Section 1.
SC Code § 36-4A-104 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4A - Commercial Code - Funds Transfers|Section 36-4A-104. Funds transfer-Definitions.

 In this chapter:  (a) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.  (b) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.  (c) "Originator" means the sender of the first payment order in a funds transfer.  (d) "Originator's bank" means (i) the receiving bank to which the payment order of the originator is issued if the originator is not a bank, or (ii) the originator if the originator is a bank.  HISTORY: 1996 Act No. 221, Section 1.
SC Code § 36-4A-105 (2021)
2021 South Carolina Code of Laws|Title 36 - Commercial Code|Chapter 4A - Commercial Code - Funds Transfers|Section 36-4A-105. Other definitions.

 (a) In this chapter:  (1) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.  (2) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this chapter.  (3) "Customer" means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.  (4) "Funds-transfer business day" of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.  (5) "Funds-transfer system" means a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.  (6) [Reserved].  (7) "Prove" with respect to a fact means to meet the burden of establishing the fact (Section 36-1-201(b)(8)).  (b) Other definitions applying to this chapter and the sections in which they appear are:  "Acceptance" Section 36-4A-209 "Beneficiary" Section 36-4A-103 "Beneficiary's bank" Section 36-4A-103 "Executed" Section 36-4A-301 "Execution date" Section 36-4A-301 "Funds transfer" Section 36-4A-104 "Funds-transfer system rule" Section 36-4A-501 "Intermediary bank" Section 36-4A-104 "Originator" Section 36-4A-104 "Originator's bank" Section 36-4A-104 "Payment by beneficiary's bank to beneficiary" Section 36-4A-405 "Payment by originator to beneficiary" Section 36-4A-406 "Payment by sender to receiving bank" Section 36-4A-403 "Payment date" Section 36-4A-401 "Payment order" Section 36-4A-103 "Receiving bank" Section 36-4A-103 "Security procedure" Section 36-4A-201 "Sender" Section 36-4A-103   (c) The following definitions in Chapter 4 apply to this chapter:  "Clearing house" Section 36-4-104 "Item" Section 36-4-104 "Suspends payments" Section 36-4-104   (d) In addition, Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.  HISTORY: 1996 Act No. 221, Section 1; 2014 Act No. 213 (S.343), Section 27, 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 27, reserved subsection (a)(6), which formerly defined "good faith"; and in subsection (a)(7), substituted "36-1-201(b)(8)" for "36-1-201(8)".