reglab/housing_qa huggingface dataset:
SC Code § 39-65-70 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 65 - Payment Of Post-termination Claims To Sales Representatives|Section 39-65-70. Effect of waiver of chapter provisions in contract.

 A provision in any contract between a sales representative and a principal purporting to waive any provision of this chapter, whether by expressed waiver or by a contract subject to the laws of another state, is void.  HISTORY: 1988 Act No. 489, eff May 2, 1988.
SC Code § 39-65-80 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 65 - Payment Of Post-termination Claims To Sales Representatives|Section 39-65-80. Restrictions on actions.

 Any person bringing an action under the provisions of this chapter may not bring an action under the provisions of Section 41-10-10.  HISTORY: 1988 Act No. 489, eff May 2, 1988.
SC Code § 39-69-10 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 69 - Mold Lien And Retention|Section 39-69-10. Short title.

 This chapter is known and may be cited as the "South Carolina Mold Lien and Retention Act".  HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
SC Code § 39-69-20 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 69 - Mold Lien And Retention|Section 39-69-20. Definitions.

 As used in this chapter:  (1) "Customer" means any individual or entity who causes a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer.  (2) "Molder" means an individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. A "molder" includes, but is not limited to, a tool or die maker.  (3) "Within three years following the last use" must be construed to include any period following the last use of a die, mold, form, or pattern regardless of whether or not that period precedes the effective date of this chapter.  HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
SC Code § 39-69-30 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 69 - Mold Lien And Retention|Section 39-69-30. Customer's rights and title to dies, molds, forms and patterns; failure to claim possession; written notice of intent to transfer rights and title to molder.

 (A) In the absence of any agreement to the contrary, the customer has all rights and title to any die, mold, form, or pattern in the possession of the molder.  (B) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last use, all rights and title to any die, mold, form, or pattern are transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern, consistent with this section.  (C) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this section. The notice must include a statement of the customer's rights as set forth in subsection (D) of this section.  (D)(1) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, within sixty days following the date the notice was sent pursuant to subsection (C), the molder must send a second written notice, in the same manner described in subsection (C). If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, within sixty days following the date the second notice was sent, all rights and title of the customer, except patents and copyrights, are transferred by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern, as the molder's own property, without any risk of liability to the customer.  (2) This section must not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.  HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
SC Code § 39-69-40 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 69 - Mold Lien And Retention|Section 39-69-40. Molders' liens; written notice of lien; failure to pay amount due.

 (A) Molders have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer for the balance due them from the customer for any manufacturing or fabrication work, and in the value of all material related to the work. The molder may retain possession of the die, mold, form, or pattern until the charges are paid.  (B) Before enforcing the lien, notice in writing must be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. This notice must state that a lien is claimed for the damages set forth in or attached to the writing for manufacturing or fabrication work contracted or performed for the customer. This notice also must include a demand for payment.  (C) If the molder has not been paid the amount due within sixty days after the notice has been received by the customer as provided in subsection (B), the molder may sell the die, mold, form, or pattern at a public auction.  HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
SC Code § 39-69-50 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 69 - Mold Lien And Retention|Section 39-69-50. Sale of dies, molds, forms, or patterns; written notice; publication; sale in excess of lien.

 (A) Before a molder may sell a die, mold, form, or pattern, the molder shall notify the customer by registered mail, return receipt requested. The notice must include the following information:  (1) the molder's intention to sell the die, mold, form, or pattern thirty days after the customer's receipt of the notice;  (2) a description of the die, mold, form, or pattern to be sold;  (3) the time and place of the sale;  (4) an itemized statement for the amount due.  (B) If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice must include a description of the die, mold, form, or pattern.  (C)(1) If the sale is for a sum greater than the amount of the lien, the excess must be paid to a prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or the State Treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale.  (2) A sale must not be made under this section if it would be in violation of any right of a customer under federal patent or copyright law.  HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
SC Code § 39-69-60 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 69 - Mold Lien And Retention|Section 39-69-60. Enforcement of chapter; regulations.

 The Department of Labor, Licensing and Regulation shall enforce the provisions of this chapter and promulgate regulations necessary and appropriate for this purpose.  HISTORY: 1997 Act No. 7, Section 1, eff March 31, 1997.
SC Code § 39-73-20 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-20. Commodity transactions under commodity contract or option restricted.

 Except as otherwise provided in Section 39-73-30 or Section 39-73-40 no person may sell or purchase or offer to sell or purchase a commodity under commodity contract or under commodity option or offer to enter into or enter into as seller or purchaser a commodity contract or a commodity option.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-30 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-30. Purchasers or sellers as to whom prohibition not applicable.

 (A) The prohibitions in Section 39-73-20 do not apply to transactions offered by and in which any of the following persons, or an employee, an officer, or a director of them acting solely in that capacity, is the purchaser or seller:  (1) a person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require registration;  (2) a person registered with the Securities and Exchange Commission as a broker-dealer whose activities require registration;  (3) a person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in item (1) or (2);  (4) a person who is a member of a contract market designated by the Commodity Futures Trading Commission, or clearinghouse of it;  (5) a financial institution;  (6) a person registered under the laws of this State as a securities broker-dealer whose activities require registration.  (B) The exemptions in this section do not apply to a transaction or an activity prohibited by the Commodity Exchange Act or a CFTC Rule.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-50 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-50. Commodity merchant required to be registered, temporarily licensed, or exempt; board of trade must be designated.

 (A) No person may engage in a trade or business or otherwise act as a commodity merchant unless he:  (1) is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expired or been suspended or revoked; or  (2) is exempt from registration by virtue of the Commodity Exchange Act or of a CFTC Rule.  (B) No board of trade may trade or provide a place for the trading of a commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless the board of trade has been so designated for the commodity contract or commodity option and the designation has not been vacated, suspended, or revoked.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-60 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-60. Prohibited acts.

 No person, directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of, a commodity contract or commodity option subject to Sections 39-73-20, 39-73-310, or 39-73-40(A)(2) or (4), may:  (1) cheat or defraud or attempt to cheat or defraud a person or employ a device, a scheme, or an artifice to defraud a person;  (2) make a false report, enter a false record, or make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;  (3) engage in a transaction, an act, a practice, or a course of business, including without limitation a form of advertising or solicitation which operates or would operate as a fraud or deceit upon a person; or  (4) misappropriate or convert the funds, security, or property of a person.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-70 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-70. Agency, vicarious, and joint and several liability.

 (A) The act, omission or failure of an official, an agent, or another person acting for an individual, an association, a partnership, a corporation, or a trust within the scope of his employment or office is deemed the act, omission or failure of the individual, association, partnership, corporation, or trust as well as of the official, agent, or other person.  (B) Every person who directly or indirectly controls another person liable under this chapter, every partner, officer, or director of the other person, every person occupying a similar status or performing similar functions, every employee of the other person who materially aids in the violation also is liable jointly and severally with and to the same extent as the other person, unless the person who also is liable by virtue of this section sustains the burden of proof that he did not know and in exercise or reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-80 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-80. Chapter not to impair other state securities laws.

 Nothing in this chapter impairs, derogates, or otherwise, affects the authority or powers of the administrator under state securities law or the application of this chapter to a person or transaction subject to state securities law.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-90 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-90. Construction and implementation of chapter; no private right of action created.

 This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination with federal and other states' laws and the administration and enforcement of them. This chapter does not create rights or remedies upon which actions may be brought by private persons against persons who violate this chapter.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-310 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-310. Authority of administrator to investigate; publication of information concerning violation; powers and procedures regarding investigations; court order to compel compliance.

 (A) The administrator may make investigations, within or without this State, as it finds necessary or appropriate to:  (1) determine whether a person has violated or is about to violate this chapter or a regulation of the administrator; or  (2) aid in enforcement of this chapter.  (B) The administrator may publish information concerning a violation of this chapter or a regulation of the administrator.  (C) For purposes of an investigation or a proceeding under this chapter the administrator or an officer or employee designated by regulation may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records which the administrator finds to be relevant or material to the inquiry.  (D)(1) If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.  (2) The request for order of compliance may be addressed to:  (a) the circuit court of Richland County or the circuit court of the county where service may be obtained on the person refusing to testify or produce if the person is within this State; or  (b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce if the person is outside this State.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-315 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-315. Action by administrator to prevent violation or imminent violation.

 (A) If the administrator believes, whether or not based upon an investigation conducted under Section 39-73-310, that a person has engaged or is about to engage in an act or a practice constituting a violation of this chapter or a related regulation, the administrator may:  (1) issue a cease and desist order;  (2) issue an order imposing a civil penalty of not more than ten thousand dollars for a single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings; or  (3) initiate the actions specified in subsection (B).  (B) The administrator may institute one or more of the following actions in the appropriate courts of this State or in the appropriate courts of another state in addition to legal or equitable remedies otherwise available:  (1) a declaratory judgment;  (2) an action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or a regulation or order of the administrator;  (3) an action for disgorgement;  (4) an action for appointment of a receiver or conservator for the defendant or the defendant's assets.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993); 1994 Act No. 327, Section 1, eff April 20, 1994.  Effect of Amendment  The 1994 amendment deleted provisions containing references to incorrect sections.
SC Code § 39-73-325 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-325. Penalties for willful violation; for unknowing violation; reference to Attorney General for criminal proceedings.

 (A) A person who wilfully violates a regulation or order of the administrator under this chapter, upon conviction, must be fined not more than twenty thousand dollars, or imprisoned not more than ten years, or both, for each violation.  (B) A person convicted of violating a regulation or order under this chapter may be fined but must not be imprisoned if the person proves he had no knowledge of the rule or order.  (C) The administrator may refer evidence available concerning violations of this chapter or a regulation or order of the administrator to the Attorney General or the appropriate solicitor who, with or without a reference from the administrator, may institute the appropriate criminal proceedings under this chapter.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-330 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-330. Secretary of State to administer chapter; confidential or public nature of information; use of information for personal gain.

 (A) This chapter must be administered by the South Carolina Secretary of State.  (B) The administrator and his employees may not use information filed with or obtained by the administrator which is not public information for personal gain or benefit and may not conduct securities or commodity dealings based upon the information, even though public, if there has not been sufficient time for the securities or commodity markets to assimilate the information.  (C)(1) Except as provided in item (2), all information collected, assembled, or maintained by the administrator is public information and is available for examination by the public.  (2) The following information is confidential and an exception to item (1):  (a) information obtained in private investigations pursuant to Section 39-73-310;  (b) information made confidential by the Freedom of Information Act;  (c) information obtained from federal agencies which must not be disclosed under federal law.  (3) The administrator in his discretion may disclose information made confidential under subsection (C)(2)(a) to persons identified in Section 39-73-335(A).  (4) This chapter does not create or derogate a privilege which exists at common law, by statute, or otherwise when documentary or other evidence is sought under subpoena directed to the administrator or his employees.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).
SC Code § 39-73-335 (2021)
2021 South Carolina Code of Laws|Title 39 - Trade and Commerce|Chapter 73 - State Commodity Code|Section 39-73-335. Cooperation with other jurisdictions; joint action.

 (A) To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the administrator and his employees may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, the Canadian province or territory, or other agencies administering this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, a self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, a national or an international organization of commodities or securities officials or agencies, and a governmental law enforcement agency.  (B) The cooperation authorized by subsection (A) includes, but is not limited to:  (1) making joint examinations or investigations;  (2) holding joint administrative hearings;  (3) filing and prosecuting joint litigation;  (4) sharing and exchanging personnel;  (5) sharing and exchanging information and documents;  (6) formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases;  (7) issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought also is subject to lawful subpoena for conduct occurring in this State.  HISTORY: 1993 Act No. 68, Section 1, eff 200 days after approval (approved May 14, 1993).