reglab/housing_qa huggingface dataset:
SC Code § 34-33-10 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 33 - Banker's Banks|Section 34-33-10. "Banker's bank" defined.

 As used in this chapter, "banker's bank" means a bank insured by the Federal Deposit Insurance Corporation or the holding company which owns or controls such an insured bank where the stock of the bank or holding company is owned exclusively by other banks and the bank or holding company and all its subsidiaries are engaged exclusively in providing services for other depository institutions, their officers, directors, and employees.  HISTORY: 1985 Act No. 46 Section 1.
SC Code § 34-33-20 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 33 - Banker's Banks|Section 34-33-20. Formation of corporation.

 With the approval of the State Board of Financial Institutions, a corporation may be formed under the laws of this State for the purpose of becoming a banker's bank.  HISTORY: 1985 Act No. 46 Section 2.
SC Code § 34-33-30 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 33 - Banker's Banks|Section 34-33-30. Applicability of banking laws and regulations.

 A banker's bank chartered pursuant to this chapter is subject to the appropriate banking provisions in Title 34 of the 1976 Code and the regulations thereunder and except as specifically provided in this chapter or by order of the State Board of Financial Institutions, a banker's bank is vested with and subject to the same rights, privileges, duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to a state bank.  HISTORY: 1985 Act No. 46 Section 3.
SC Code § 34-33-40 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 33 - Banker's Banks|Section 34-33-40. Repurchase of capital stock.

 Notwithstanding any provision of Title 34 of the 1976 Code, a banker's bank may repurchase, for its own account, shares of its own capital stock, but the outstanding capital stock may not be reduced below the minimum required by law without the prior approval of the State Board of Financial Institutions.  HISTORY: 1985 Act No. 46 Section 4.
SC Code § 34-33-50 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 33 - Banker's Banks|Section 34-33-50. Exemption from banking laws.

 If the State Board of Financial Institutions determines that any provision of Title 34 of the 1976 Code is inconsistent with the purpose for which a banker's bank is organized and that the public welfare or any financial institution would not be jeopardized thereby, it may by regulation exempt a banker's bank from the provision or limit its application.  HISTORY: 1985 Act No. 46 Section 5.
SC Code § 34-33-60 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 33 - Banker's Banks|Section 34-33-60. Limitation on investments in banker's banks.

 Notwithstanding any other provision of law, up to fifteen percent of the capital accounts of a bank may be invested in the capital stock of a banker's bank, except that no purchase of stock may result in acquisition of more than five percent of any class of voting securities of the banker's bank.  HISTORY: 1985 Act No. 46 Section 6.
SC Code § 34-36-10 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-10. Definitions.

 As used in this chapter, unless the context otherwise requires:  (1) "Advance fee" means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker.  (2) "Borrower" means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit.  (3) "Department" means the Department of Consumer Affairs.  (4) "Loan broker" means any person who:  (a) for or in expectation of consideration arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;  (b) for or in expectation of consideration assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;  (c) acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or  (d) holds himself out as a loan broker.  A "loan broker" does not include any bank or savings and loan association, trust company, building and loan association, credit union, consumer finance company, retail installment sales company, securities broker-dealer, real estate broker or salesperson, attorney, Federal Housing Administration or Veterans Administration approved lender, credit card company, installment loan licensee, mortgage loan broker registered under Chapter 58, Title 40 and acting within the scope of its certificate of registration, or insurance company, who is licensed by and subject to regulation or supervision of any agency of the United States, the South Carolina Board of Financial Institutions, or other agency of this State and is acting within the scope of the license; and also does not include subsidiaries of licensed or chartered consumer finance companies, banks, or savings and loan associations.  (5) "Principal" means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-36-20 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-20. Prohibited behavior; advance fees; false, misleading, fraudulent, or deceptive acts.

 No loan broker shall:  (1) assess or collect an advance fee from a borrower to provide services as a loan broker.  (2) make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a loan broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the buyer.  (3) make or use any false or deceptive representation or conceal a material fact in its business dealings with the borrower or with the department.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-36-30 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-30. Principal responsible for acts of brokers and brokers' agents or employees.

 Each principal of a loan broker may be sanctioned for the actions of the loan broker, including the loan broker's agents or employees acting in the course of business of the loan broker.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-36-40 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-40. Department oversight; orders and acts to effect compliance.

 (A) The department may investigate the actions of any person for compliance with this chapter.  (B) The department may request a hearing before the Administrative Law Court for an order requiring a loan broker to cease and desist if it is determined that the loan broker has violated, is violating, or will violate a provision of this chapter, a regulation promulgated by the department, or a written agreement entered into with the department.  (C) The department may request a hearing before the Administrative Law Court for an order requiring a loan broker to refund or reimburse any advance fee or any other fee taken in violation of Section 34-36-20 or taken as a result of a false, misleading, or deceptive representation as described in Section 34-36-20. Such an order may, but need not, be sought by the department in conjunction with a cease and desist order pursuant to subsection (B).  (D) The department may request a contested case hearing before the Administrative Law Court seeking the imposition of a civil administrative fine on behalf of the department against any person found to have violated any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department, in any amount not to exceed five thousand dollars for each violation.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992; 2005 Act No. 128, Section 2, eff July 1, 2005.  Effect of Amendment  The 2005 amendment, in subsections (B), (C) and (D), added the references to hearings before the Administrative Law Court and made conforming amendments.
SC Code § 34-36-60 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-60. Actions to enjoin violations; impounding of property; appointment of receiver or administrator; order of restitution.

 (A) In addition to other remedies set forth in this chapter, whenever the department determines, from evidence satisfactory to it, that any person has engaged, is engaged, or is about to engage in an act or practice constituting a violation of this chapter or a regulation promulgated hereunder, the department may bring action in the name and on behalf of the State against the person and any other person concerned in that practice in violation of this chapter to enjoin the person or persons from continuing the violation. In the court proceedings, the department may apply for and on due showing is entitled to have issued, the court's subpoena requiring the appearance of any defendant and his employees or agents to testify or give evidence concerning the acts or conduct or things complained of in the application for injunction, and requiring the production of documents, books, and records that may appear necessary for the hearing of the petition.  (B) In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in the court proceedings, the court shall have the power, upon application of the department, to impound and to appoint a receiver or administrator for the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. The receiver or administrator, when appointed and qualified, shall have all powers and duties as to custody, collection, administration, winding up, and liquidation of this property and business as is from time to time conferred upon him by the court. In the action, the court may issue orders and decrees staying all pending suits and enjoining any further suits affecting the receiver's or administrator's custody or possession of this property, assets, and business, or in its discretion may with the consent of the chief administrative judge of the circuit, require that all these suits be assigned to the circuit court judge appointing this receiver or administrator.  (C) In addition to any other remedies provided by this chapter, the department may apply to the court hearing this matter for an order of restitution whereby the defendants in the action must be ordered to make restitution of those sums shown by the department to have been obtained by them in violation of any of the provisions of this chapter. The restitution, at the option of the court, must be payable to the administrator or receiver appointed pursuant to this section or directly to the persons whose assets were obtained in violation of this chapter.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-36-70 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-70. Violations; penalties.

 Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or by a term of imprisonment not exceeding one year, or both. Each violation of this chapter constitutes a separate offense.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-36-80 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-80. Violation constitutes unfair trade practice; actions for damages; remedies additional to those otherwise provided.

 (A) A violation of this chapter shall constitute an unfair trade practice under Chapter 5, Title 39, and individual borrowers or prospective borrowers injured by violations of this chapter have an action for damages as set forth in Section 39-5-140.  (B) Any borrower injured by a violation of this chapter may bring an action against the surety bond or trust account, if any, of the loan broker.  (C) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct authorized by law.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-36-90 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 36 - Loan Brokers|Section 34-36-90. Department responsible for administration and enforcement of chapter; authority to promulgate regulations.

 (A) The department is responsible for the administration and enforcement of this chapter.  (B) The department is authorized to promulgate those regulations necessary to implement and administer the provisions of this chapter.  HISTORY: 1992 Act No. 452, Section 1, eff June 15, 1992.
SC Code § 34-39-110 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-110. Short title.

 This chapter may be cited as the "South Carolina Deferred Presentment Services Act".  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998).
SC Code § 34-39-120 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-120. Definitions.

 As used in this chapter, unless the context clearly requires otherwise, the term:  (1) "Board" means the State Board of Financial Institutions.  (2) "Check" means a check signed by the maker and made payable to a person licensed pursuant to this chapter. The name of the maker must be preprinted on the face of the check. "Counter checks" and checks without the name of the maker preprinted on the face of the check may not be accepted by a licensee.  (3) "Deferred presentment services" means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:  (a) accepting a check dated on the date it was written; and  (b) holding the check for a period of time before presentment for payment or deposit.  (4) "Licensee" means a person licensed to provide deferred presentment services pursuant to this chapter.  (5) "Person" means an individual, group of individuals, partnership, association, corporation, or other business unit or legal entity.  (6) "Location" means the entire space in which deferred presentment services are provided. The space must be completely separated from any space where goods or services are sold or leased. The location must be separately staffed and must not have a common entrance with any other business not permitted by this chapter.  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998).
SC Code § 34-39-130 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-130. Licensure requirements.

 (A) A person may not engage in the business of deferred presentment services without first obtaining a license pursuant to this chapter. A separate license is required for each location from which the business is conducted. The licensee shall post its license to engage in the business of deferred presentment services at each location licensed pursuant to this chapter.  (B) A person engaged in the business of deferred presentment services on the effective date of this chapter may continue to engage in the business without a license until the board has acted upon the application for a license, but the application must be filed within sixty days after the effective date of this chapter.  (C) A person may not engage in the business of deferred presentment services with a customer residing in this State, whether or not that person has a location in South Carolina, except in accordance with the provisions of this chapter and without having first obtained a license pursuant to this chapter.  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998); 2009 Act No. 78, Section 3 [see Editor's Note].  Editor's Note  2009 Act No.78, Section 11 provides as follows:  "SECTIONS 2, 3, [adding subsection (C) above] and 4 of this act take effect upon implementation of the common database as required in SECTION 1 [Section 34-39-175]. The remaining SECTIONS of this act take effect upon approval by the Governor.  Effect of Amendment  The 2009 amendment added subsection (C) relating to deferred presentment services with customers residing in South Carolina.
SC Code § 34-39-140 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-140. Applicability of chapter; exceptions.

 This chapter does not apply to:  (1) a bank, savings institution, credit union, or farm credit system organized under the laws of the United States or any state; and  (2) a person principally engaged in the bona fide retail sale of goods or services who, either as an incident to or independently of a retail sale or service and not holding itself out to be a deferred presentment service, from time to time cashes checks, drafts, or money orders without a fee or other consideration.  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998).
SC Code § 34-39-150 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-150. Application for licensure.

 (A) An application for licensure pursuant to this chapter must be in writing, under oath, and on a form prescribed by the board. The application must set forth all of the following:  (1) the legal name and residence and business addresses of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, managing employee, and director of it;  (2) the location of the registered office of the applicant;  (3) the registered agent of the applicant if the applicant is required by other law to have a registered agent;  (4) the addresses of the locations to be licensed; and  (5) other information concerning the financial responsibility, background experience, and activities, such as other partnerships, associations, and corporations located at or adjacent to the licensed location of the applicant and its members, officers, managing employees, and directors as the board requires.  (B) Upon receipt of an application in the form prescribed by the board, accompanied by the required fee, the board shall investigate whether the qualifications for licensure are satisfied. If the board finds that the qualifications are satisfied, it shall issue to the applicant a license to engage in the deferred presentment services business. If the board fails to issue a license, it shall notify the applicant of the denial and the reasons for it. The provisions of the Administrative Procedures Act apply to the appeal of the denial of a license.  (C) The application must be accompanied by payment of an application fee of one thousand dollars and an investigation fee of five hundred dollars. These fees are not refundable or abatable. If the license is granted, however, payment of the application fee satisfies the fee requirement for the first license year or its remainder.  (D) A license expires annually and may be renewed upon payment of a license fee of one thousand dollars. The annual license renewal fee for an applicant with more than one location is one thousand dollars for the first location and two hundred fifty dollars for each additional location.  (E) One-half of the renewal fees collected pursuant to subsection (D) must be credited to the Board of Financial Institutions for enforcement of this chapter and one-half must be credited to the Attorney General to prosecute actions brought for violations of this chapter.  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998); 2009 Act No. 78, Section 5, eff June 16, 2009.  Effect of Amendment  The 2009 amendment, in subsections (C) and (D) substituted "one thousand dollars" for "two hundred fifty dollars", and in subsection (D) in the second sentence substituted "two hundred fifty dollars" for "fifty dollars"; and added subsection (E) relating to disposition of license renewal fees.
SC Code § 34-39-160 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-160. Qualifications for licensure.

 To qualify for a license issued pursuant to this chapter, an applicant shall have:  (1) a minimum net worth, determined in accordance with generally accepted accounting principles, of at least twenty-five thousand dollars available for the operation of each location; and  (2) the financial responsibility, character, experience, and general fitness so as to command the confidence of the public and to warrant belief that the business is operated lawfully, honestly, fairly, and efficiently.  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998).
SC Code § 34-39-170 (2021)
2021 South Carolina Code of Laws|Title 34 - Banking, Financial Institutions and Money|Chapter 39 - Deferred Presentment Services|Section 34-39-170. Restrictions on advancement of monies on security of check; posting of fees charged for deferred presentment services.

 (A) A licensee may not advance monies on the security of a check unless the account on which the presented check is drawn is a legitimate, open, and active account.  (B) A licensee, in every location conducting business under a license issued pursuant to this chapter, conspicuously shall post and at all times display a notice stating the fee charged for deferred presentment services. A licensee shall file with the board a statement of the fees charged at every location licensed for deferred presentment services.  (C) A licensee shall endorse in the name of the licensee every check, draft, or money order presented by the licensee for payment or deposit.  HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998).