reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-805. Effect of previous filing of financing statement.

(a) The filing of a financing statement before this act takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under Chapter 9, Title 36, as amended by this act.
(b) This act does not render ineffective an effective financing statement that, before this act takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Chapter 9, Title 36 as it existed before this act. However, except as otherwise provided in subsections (c) and (d) and Section 36-9-806, the financing statement ceases to be effective:
(1) if the financing statement is filed in this State, at the time the financing statement would have ceased to be effective had this act not taken effect; or
(2) if the financing statement is filed in another jurisdiction, at the earlier of:
(A) the time the financing statement would have ceased to be effective under the law of that jurisdiction; or
(B) June 30, 2018.
(c) The filing of a continuation statement after this act takes effect does not continue the effectiveness of a financing statement filed before this act takes effect. However, upon the timely filing of a continuation statement after this act takes effect and in accordance with the law of the jurisdiction governing perfection as provided in Part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before this act takes effect continues for the period provided by the law of that jurisdiction.
(d) Subsection (b)(2)(B) applies to a financing statement that, before this act takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in Chapter 9, Title 36 as it existed before this act, only to the extent that Chapter 9, Title 36, as amended by this act provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
(e) A financing statement that includes a financing statement filed before this act takes effect and a continuation statement filed after this act takes effect is effective only to the extent that it satisfies the requirements of Part 5 as amended by this act for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of Section 36-9-503(a)(2) as amended by this act. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of Section 36-9-503(a)(3) as amended by this act.
HISTORY: 2013 Act No. 96, Section 19, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-806. Filing of initial financing statement; requirements.

(a) The filing of an initial financing statement in the office specified in Section 36-9-501 continues the effectiveness of a financing statement filed before this act takes effect if:
(1) the filing of an initial financing statement in that office would be effective to perfect a security interest under this act;
(2) the preeffective-date financing statement was filed in an office in another State; and
(3) the initial financing statement satisfies subsection (c).
(b) The filing of an initial financing statement under subsection (a) continues the effectiveness of the preeffective-date financing statement:
(1) if the initial financing statement is filed before this act takes effect, for the period provided in former Section 36-9-515 with respect to an initial financing statement; and
(2) if the initial financing statement is filed after this act takes effect, for the period provided in Section 36-9-515 as amended by this act with respect to an initial financing statement.
(c) To be effective for purposes of subsection (a), an initial financing statement must:
(1) satisfy the requirements of Part 5 as amended by this act for an initial financing statement;
(2) identify the preeffective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3) indicate that the preeffective-date financing statement remains effective.
HISTORY: 2013 Act No. 96, Section 19, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-807. Pre-effective-date financing statement defined; addition or deletion of collateral; effect of pre-effective-date financing statement.

(a) In this section, "preeffective-date financing statement" means a financing statement filed before this act takes effect.
(b) After this act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a preeffective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Chapter 9, Title 36, as amended by this act. However, the effectiveness of a preeffective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a preeffective-date financing statement may be amended after this act takes effect only if:
(1) the preeffective-date financing statement and an amendment are filed in the office specified in Section 36-9-501;
(2) an amendment is filed in the office specified in Section 36-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies Section 36-9-806(c); or
(3) an initial financing statement that provides the information as amended and satisfies Section 36-9-806(c) is filed in the office specified in Section 36-9-501.
(d) If the law of this State governs perfection of a security interest, the effectiveness of a preeffective-date financing statement may be continued only under Section 36-9-805(c) and (e) or 36-9-806.
(e) Whether or not the law of this State governs perfection of a security interest, the effectiveness of a preeffective-date financing statement filed in this State may be terminated after this act takes effect by filing a termination statement in the office in which the preeffective-date financing statement is filed, unless an initial financing statement that satisfies Section 36-9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a financing statement.
HISTORY: 2013 Act No. 96, Section 19, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-808. Filing of initial financing statement or continuation statement.

A person may file an initial financing statement or a continuation statement under this part if the:
(1) secured party of record authorizes the filing; and
(2) filing is necessary under this part to:
(A) continue the effectiveness of a financing statement filed before this act takes effect; or
(B) perfect or continue the perfection of a security interest.
HISTORY: 2013 Act No. 96, Section 19, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-809. Determination of priority.

This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, former Chapter 9, Title 36 determines priority.
HISTORY: 2013 Act No. 96, Section 19, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 10 - Commercial Code - Effective Date And Repealer › Section 36-10-101. Effective date.

Except as otherwise provided in Chapter 11 of this title, this title becomes effective at 12:01 a.m., January 1, 1968. It applies to transactions entered into and events occurring after that date.
HISTORY: 1962 Code Section 10.10-101; 1966 (54) 2716; 1988 Act No. 494, Section 6.
Editor's Note
"This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 10 - Commercial Code - Effective Date And Repealer › Section 36-10-102. Transactions entered into before effective date of Commercial Code.

Transactions validly entered into before the effective date specified in Section 36-10-101 and the rights, duties, and interest flowing from them remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this title as though the repeal or amendment had not occurred. Except as otherwise provided in Section 36-11-106 the filing of a properly executed financing statement pursuant to Section 36-9-402 or a properly executed continuation statement pursuant to Section 36-9-403(3) in the appropriate place or places specified in Section 36-9-401 is sufficient to satisfy the requirements of this section as to proper filing in the case of a transaction entered into prior to the effective date specified in Section 36-10-101. This section is considered to have been effective as of January 1, 1968.
HISTORY: 1962 Code Section 10.10-102; 1968 (55) 2799; 1988 Act No. 494, Section 6.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 10 - Commercial Code - Effective Date And Repealer › Section 36-10-103. General repealer.

All acts or parts of acts inconsistent with 1988 Act No. 494 are repealed.
HISTORY: 1962 Code Section 10.10-103; 1966 (54) 2716; 1988 Act No. 494, Section 6.
Editor's Note
"This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-101. Effective date of the 1988 amendments.

The amendments to Title 36 contained in this chapter become effective at 12:01 a.m. on January 1, 1989. The amendments to Title 36 contained in this chapter are officially designated as the 1988 UCC amendments; and the provisions of Act 1065 of 1966 are officially designated as the 1966 UCC.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-102. Preservation of old transition procedures.

Except as otherwise provided in Section 36-11-106(4), the provisions of Section 36-10-102 shall continue to apply to the 1988 UCC Amendments, and for this purpose the 1966 UCC and the 1988 UCC Amendments must be considered one continuous statute.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-103. Transition to 1988 UCC Amendments-general rule.

Transactions validly entered into after the date specified in Section 36-10-101 and before the date specified in Section 36-11-101 and which were subject to the provisions of the 1966 UCC and which would be subject to the 1988 UCC Amendments if they had been entered into after the effective date of the 1988 UCC Amendments, and the rights, duties, and interests flowing from the transactions remain valid after the date specified in Section 36-11-101, and may be terminated, completed, consummated, or enforced as required or permitted by the 1988 UCC Amendments. Security interests arising out of the transactions which are perfected when the 1988 UCC Amendments become effective shall remain perfected until they lapse as provided in the 1988 UCC Amendments and may be continued as permitted by the 1988 UCC Amendments, except as stated in Section 36-11-105.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-104. Transition provisions on change of requirement of filing.

A security interest for the perfection of which filing or the taking of possession was required under the 1966 UCC and which attached prior to the effective date of the 1988 UCC Amendments but was not perfected is considered perfected on the effective date set forth in Section 36-11-101 of the 1988 UCC Amendments if the 1988 UCC Amendments permit perfection without filing or authorize filing in the office or offices where a prior ineffective filing was made.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-105. Transition provision on change of place of filing.

(1) A financing statement or continuation statement filed prior to the date specified in Section 36-11-101 which has not lapsed prior to that date remains effective for the period provided in the 1966 UCC but not less than five years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to the effective date of the 1988 UCC Amendments, any effective financing statement or continuation statement described in this section applies only if the filing or filings are in the office or offices that would be appropriate to perfect the security interest in the new collateral under the 1988 UCC Amendments.
(3) The effectiveness of any financing statement or continuation statement filed prior to the date specified in Section 36-11-101 may be continued by a continuation statement as permitted by the 1988 UCC Amendments, except that if the 1988 UCC Amendments require a filing in the office where there was no previous financing statement, a new financing statement conforming to Section 36-11-106 must be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described in the mortgage if the 1988 UCC Amendments had been in effect on the date of recording the mortgage, the mortgage is considered effective as a fixture filing as to the goods under subsection (6) of Section 36-9-402 of the 1988 UCC Amendments on the effective date of the 1988 UCC Amendments as specified in Section 36-11-101.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-106. Required refilings.

(1) If a security interest is perfected or has priority when the 1988 UCC Amendments take effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under the 1988 UCC Amendments, the perfection and priority rights of the security interest continue until three years after the effective date of the 1988 UCC Amendments. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2) If a security interest is perfected when the 1988 UCC Amendments take effect under a law other than the Uniform Commercial Code as enacted in South Carolina which requires no further filing, refiling, or recording to continue its perfection, perfection continues until and will lapse three years after the 1988 UCC Amendments take effect, unless a financing statement is filed as provided in subsection (4), or unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of Section 36-9-302 the other law continues to govern filing.
(3) If a security interest is perfected by a filing, refiling, or recording under a law repealed or modified by this Title 36 as amended by the 1988 UCC Amendments which required further filing, refiling, or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed or modified for further filing, refiling, or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. The financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement, or notice (however denominated in any statute or other law repealed or modified by this Title 36 as amended by the 1988 UCC Amendments), state the office where and the date when the last filing, refiling, or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement, or notice, however denominated, in another filing office under the 1966 UCC or under any statute or other law repealed or modified by this Title 36 as amended by the 1988 UCC Amendments is still effective. Sections 36-9-401 and 36-9-103 determine the proper place to file the financing statement. Except as specified in this subsection, the provisions of Section 36-9-403(3) for continuation statements apply to the financing statement.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-107. Transition provisions as to priorities.

Except as otherwise provided in this Chapter 11, the 1966 UCC applies to any questions of priority if the positions of the parties were fixed prior to the effective date of the 1988 UCC Amendments. In other cases questions of priority are determined by the 1988 UCC Amendments.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 11 - Effective Date And Transition Provisions For The 1981 Uniform Commercial Code Amendments › Section 36-11-108. Presumption that rule of law continues unchanged.

Unless a change in law has clearly been made, the provisions of the 1988 UCC Amendments are considered declaratory of the meaning of the 1966 UCC.
HISTORY: 1988 Act No. 494, Section 7.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-102. Purposes; rules of construction.

(1) This title shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this title are:
(a) to simplify, clarify and modernize the law governing retail installment sales, consumer credit and usury;
(b) to provide rate ceilings to assure an adequate supply of credit to consumers;
(c) to further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost;
(d) to protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors;
(e) to permit and encourage the development of fair and economically sound consumer credit practices;
(f) to conform the regulation of consumer credit transactions to the policies of the Federal Consumer Credit Protection Act; and
(g) to make uniform the law, including administrative rules, among the various jurisdictions.
(3) A reference to a requirement imposed by this title includes reference to a related rule of the administrator adopted pursuant to this title.
HISTORY: 1962 Code Section 8-800.102; 1974 (58) 2879; 1980 Act No. 326, Section 1A.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-103. Supplementary general principles of law applicable.

Unless displaced by the particular provisions of this title, the Uniform Commercial Code and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
HISTORY: 1962 Code Section 8-800.103; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-104. Construction against implicit repeal.

This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
HISTORY: 1962 Code Section 8-800.104; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-105. Severability.

If any provision of this title or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
HISTORY: 1962 Code Section 8-800.105; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-106. Conflict with Consumer Finance Law.

Except for Section 37-3-512 and except where Chapter 29 of Title 34 is amended by specific reference thereto, insofar as restricted lenders and restricted loans are concerned any inconsistency or conflict between any provision of this title and Chapter 29 of Title 34 shall be resolved in favor of Chapter 29 of Title 34, but Chapter 29 of Title 34 shall apply only to restricted loans and restricted lenders.
HISTORY: 1962 Code Section 8-800.106; 1974 (58) 2879; 1976 Act No. 686 Section 60.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-107. Waiver; agreement to forego rights; settlement of claims.

(1) Except as otherwise provided in this title, a buyer, lessee, or debtor may not waive or agree to forego rights or benefits under this title.
(2) A claim by a buyer, lessee, or debtor against a creditor for an excess charge, other violation of this title, or civil penalty, or a claim against a buyer, lessee, or debtor for default or breach of a duty imposed by this title, if disputed in good faith, may be settled by agreement.
(3) A claim, whether or not disputed, against a buyer, lessee, or debtor may be settled for less value than the amount claimed.
(4) A settlement in which the buyer, lessee, or debtor waives or agrees to forego rights or benefits under this title is invalid if the court as a matter of law finds the settlement to have been unconscionable at the time it was made. The competence of the buyer, lessee, or debtor, any deception or coercion practiced upon him, the nature and extent of the legal advice received by him, and the value of the consideration are relevant to the issue of unconscionability.
HISTORY: 1962 Code Section 8-800.107; 1974 (58) 2879; 1984 Act No. 261, Section 1.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-108. Effect of title on powers of organizations.

(1) This title prescribes maximum charges for all creditors, except lessors and those excluded (Section 37-1-202), extending consumer credit including consumer credit sales (Section 37-2-104), and consumer loans (Section 37-3-104), and displaces existing limitations on the powers of those creditors based on maximum charges.
(2) With respect to sellers of goods or services, lenders licensed under this title, consumer and sales finance companies, industrial banks and loan companies, and commercial banks and trust companies, this title displaces existing limitations on their powers based solely on amount or duration of credit.
(3) Except as provided in subsection (1), this title does not displace limitations on powers of credit unions, savings banks, savings and loan associations, or other thrift institutions or insurance premium service companies whether organized for the profit of shareholders or as mutual organizations.
(4) Except as provided in subsections (1) and (2), this title does not displace:
(a) limitations on powers of supervised financial organizations (subsection (27) of Section 37-1-301) with respect to the amount of a loan to a single borrower, the ratio of a loan to the value of collateral, the duration of a loan secured by an interest in land, or other similar restrictions designed to protect deposits, or
(b) limitations on powers an organization is authorized to exercise under the laws of this State or the United States.
HISTORY: 1962 Code Section 8-800.108; 1974 (58) 2879; 1976 Act No. 686 Section 3; 1984 Act No. 261, Section 2.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-202. Exclusions.

Except as otherwise provided, this title does not apply to:
(1) extensions of credit to government or governmental agencies or instrumentalities;
(2) the sale of insurance by an insurer, except as otherwise provided in the chapter on insurance (Chapter 4) [Sections 37-4-101 et seq.];
(3) transactions under public utility, municipal utility or common carrier tariffs if a subdivision or agency of this State or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment;
(4) transactions made pursuant to and in compliance with Chapter 39 of Title 40;.
(5) licensing or examining restricted lenders [Section 37-3-501(4)];
(6) rates and charges for advancing insurance premiums by insurance agents which shall be governed by the applicable provisions of Chapter 51 of Title 38 [Sections 38-51-10 et seq.]; or insurance premium service companies which shall be governed by the applicable provisions of Chapter 27 of Title 38 [Sections 38-27-10 et seq.];
(7) rates and charges on restricted loans [Section 37-3-501(3)]; which shall be subject to the applicable provisions of Title 34;
(8) loans, sales, or leases made primarily for agricultural purposes; except as otherwise provided in Chapter 10 [Sections 37-10-101 et seq.] of this title;
(9) loans to or on behalf of students pursuant to a government supported educational loan program;
(10) federally chartered credit unions;
(11) transactions in securities or commodities accounts with broker- dealers registered under Article 4 of Chapter 1, Title 35 or with the Securities and Exchange Commission.
HISTORY: 1962 Code Section 8-800.122; 1974 (58) 2879; 1976 Act No. 686 Sections 5-8, 69; 1979 Act No. 7 Section 5 [Repealed by 1982 Act No. 385 Section 57(1)]; 1979 Act No. 19; 1980 Act No. 326 Section 7; 1981 Act No. 6, Section 1B [Repealed by 1982 Act No. 385 Section 57(1)]; 1982 Act No. 385 Sections 6 and 57(1); 1988 Act No. 491, Section 1; 2005 Act No. 110, Section 4, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-203. Jurisdiction and service of process.

(1) Subject to constitutional and statutory jurisdictional limitations, the courts of this State may exercise jurisdiction over any person with respect to any conduct in this State governed by this title or with respect to any claim arising from a transaction subject to this title. In addition to any other method provided by statute, personal jurisdiction may be acquired in a civil action or proceeding instituted in a court by the service of process in the manner provided by this section.
(2) If a person is not a resident of this State or is a corporation not authorized to do business in this State and engages in any conduct in this State governed by this title, or engages in a transaction subject to this title, he may designate an agent upon whom service of process may be made in this State. The agent shall be a resident of this State or a corporation authorized to do business in this State. The designation shall be in writing and filed with the Secretary of State. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows.
HISTORY: 1962 Code Section 8-800.123; 1974 (58) 2879; 1982 Act No. 385, Section 5; 2016 Act No. 244 (H.5040), Section 2, eff June 5, 2016.
Effect of Amendment
2016 Act No. 244, Section 2, in (1) and (2), substituted "person" for "creditor", and in (1), deleted "over a creditor" following "personal jurisdiction".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-302. Definition of "Federal Consumer Credit Protection Act".

In this title "Federal Consumer Credit Protection Act" means the Consumer Credit Protection Act (Public Law 90-321: 82 Stat. 146), as amended from time to time, and includes regulations issued under the act. Title I of the Federal Consumer Credit Protection Act is referred to throughout this title as the "Federal Truth-in-Lending Act".
HISTORY: 1962 Code Section 8-800.132; 1974 (58) 2879; 1982 Act No. 385, Section 8; 2016 Act No. 244 (H.5040), Section 3, eff June 5, 2016.
Effect of Amendment
2016 Act No. 244, Section 3, substituted "under the act" for "from time to time by the Board of Governors of the Federal Reserve System"; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 1 - General Provisions And Definitions › Section 37-1-303. Index of definitions in title.

Definitions in this title and the sections in which they appear are:
"Actuarial method" - Section 37-1-301(1)
"Administrator" - Section 37-1-301(2)
"Administrator" - Section 37-6-103
"Agreement" - Section 37-1-301(3)
"Agricultural purpose" - Section 37-1-301(4)
"Alternative mortgage loan" - Section 37-1-301(5)
"Amount financed" - Section 37-2-111
"Assumption" - Section 37-1-301(5A)
"Billing cycle" - Section 37-1-301(6)
"Card holder" - Section 37-1-301(7)
"Card issuer" - Section 37-1-301(8)
"Cash price" - Section 37-2-110
"Cash Advance" - Section 37-1-301(30)
"Conspicuous" - Section 37-1-301(9)
"Consumer" - Section 37-1-301(10)
"Consumer credit insurance" - Section 37-4-103
"Consumer credit sale" - Section 37-2-104
"Consumer credit transaction" - Section 37-1-301(11)
"Consumer lease" - Section 37-2-106
"Consumer loan" - Section 37-3-104
"Contested case" - Section 37-6-402(1)
"Credit" - Section 37-1-301(12)
"Credit Insurance Act" - Section 37-4-103
"Creditor" - Section 37-1-301(13)
"Credit service charge" - Section 37-2-109
"Debt Collector" - Section 37-1-301(28)
"Debtor" - Section 37-1-301(14)
"Earnings" - Section 37-1-301(15)
"Federal Truth-in-Lending Act" - Section 37-1-302
"Goods" - Section 37-2-105(1)
"Home solicitation sale" - Section 37-2-501
"Lender" - Section 37-3-107(1)
"Lender credit card or similar arrangement" - Section 37-1-301(16)
"License" - Section 37-6-402(2)
"Licensee" - Section 37-1-301(29)
"Licensing" - Section 37-6-402(3)
"Loan" - Section 37-3-106
"Loan finance charge" - Section 37-3-109
"Merchandise certificate" - Section 37-2-105(2)
"Official fees" - Section 37-1-301(17)
"Organization" - Section 37-1-301(18)
"Party" - Section 37-6-402(4)
"Payable in installments" - Section 37-1-301(19)
"Person" - Section 37-1-301(20)
"Person related to" - Section 37-1-301(21)
"Precomputed" (loan) - Section 37-3-107(2)
"Precomputed" (sale) - Section 37-2-105(7)
"Presumed" or "presumption" - Section 37-1-301(22)
"Principal" - Section 37-3-107(3)
"Residence" - Section 37-1-301(23)
"Residential manufactured home" - Section 37-1-301(24)
"Residential real property" - Section 37-1-301(25)
"Restricted lender" - Section 37-3-501(4)
"Restricted loan" - Section 37-3-501(3)
"Revolving charge account" - Section 37-2-108
"Revolving loan account" - Section 37-3-108
"Rule" - Section 37-6-402(5)
"Sale of an interest in land" - Section 37-2-105(6)
"Sale of goods" - Section 37-2-105(4)
"Sale of services" - Section 37-2-105(5)
"Seller" - Section 37-2-107
"Seller credit card" - Section 37-1-301(26)
"Services" - Section 37-2-105(3)
"Supervised financial organization" - Section 37-1-301(27)
"Supervised lender" - Section 37-3-501(2)
"Supervised loan" - Section 37-3-501(1).
HISTORY: 1962 Code Section 8-800.133; 1974 (58) 2879; 1976 Act No. 686 Section 10; 1982 Act No. 384, Section 9; 1995 Act No. 135, Section 7.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-102. Scope.

This chapter applies to consumer credit sales, including home solicitation sales, and consumer leases; Sections 37-2-307 and 37-2-308 of Part 3 apply to the sale of motor vehicles; in addition, Part 6 applies to other than consumer credit sales and Part 7 applies to consumer rental-purchase agreements.
HISTORY: 1962 Code Section 8-800.142; 1974 (58) 2879; 1984 Act No. 261, Section 4; 1985 Act No. 121, Section 5; 2016 Act No. 244 (H.5040), Section 4, eff June 5, 2016.
Effect of Amendment
2016 Act No. 244, Section 4, inserted "Sections 37-2-307 and 37-2-308 of Part 3 apply to the sale of motor vehicles".
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-103. Index of definitions in chapter.

The following definitions apply to this title and appear in this chapter as follows:
"Amount financed" - Section 37-2-111
"Cash price" - Section 37-2-110
"Consumer credit sale" - Section 37-2-104
"Consumer lease" - Section 37-2-106
"Credit service charge" - Section 37-2-109
"Goods" - Section 37-2-105(1)
"Home solicitation sale" - Section 37-2-501
"Merchandise certificate" - Section 37-2-105(2)
"Precomputed" - Section 37-2-105(7)
"Revolving charge account" - Section 37-2-108
"Sale of goods" - Section 37-2-105(4)
"Sale of an interest in land" - Section 37-2-105(6)
"Sale of services" - Section 37-2-105(5)
"Seller" - Section 37-2-107
"Services" - Section 37-2-105(3)
HISTORY: 1962 Code Section 8-800.143; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-104. "Consumer credit sale" defined.

(1) Except as provided in subsection (2), "consumer credit sale" is a sale of goods, services, or an interest in land in which:
(a) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind;
(b) the buyer is a person other than an organization;
(c) the goods, services, or interest in land are purchased primarily for a personal, family or household purpose;
(d) either the debt is payable in installments or a credit service charge is made; and
(e) with respect to a sale of goods or services, the amount financed does not exceed twenty-five thousand dollars.
(2) Unless the sale is made subject to this title by agreement (Section 37-2-601), "consumer credit sale" does not include:
(a) a sale in which a seller allows the buyer to purchase goods or services pursuant to a lender credit card or similar arrangement, or
(b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate.
Credit sales excluded from the definition of a consumer credit sale pursuant to this subsection are subject to the following provisions of this title: civil liability for violation of disclosure (Section 37-5-203) and voluntary complaint resolution (Section 37-6-117); and in credit sales excluded pursuant to item (b) limitations on selection of a closing attorney and insurance agent (Section 37-10-102(a)) and notice of assumption rights (Section 37-10-102(c)).
(3) In the case of a consumer credit sale pursuant to a seller credit card the person engaged in making such credit sale is the card issuer and not another person honoring such credit card.
HISTORY: 1962 Code Section 8-800.144; 1974 (58) 2879; 1976 Act No. 686 Section 62; 1982 Act No. 385, Section 10; 1984 Act No. 355, Section 3.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-105. "Goods"; "merchandise certificate"; "services"; "sale of goods"; "sale of services"; "sale of an interest in land"; "precomputed" defined.

(1) "Goods" includes goods not in existence at the time the transaction is entered into and merchandise certificates, but excludes money, chattel paper, documents of title, and instruments.
(2) "Merchandise certificate" means a writing issued by a seller not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services.
(3) "Services" includes (a) work, labor, and other personal services, (b) privileges with respect to transportation, hotel and restaurant accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like, and (c) insurance provided by a person other than the insurer.
(4) "Sale of goods" includes any agreement in the form of a bailment or lease of goods if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with his obligations under the agreement.
(5) "Sale of services" means furnishing or agreeing to furnish services and includes making arrangements to have services furnished by another.
(6) "Sale of an interest in land" includes a lease in which the lessee has an option to purchase the interest and all or a substantial part of the rental or other payments previously made by him are applied to the purchase price.
(7) A sale, refinancing, or consolidation is "precomputed" if the debt is expressed as a sum comprising the amount financed and the amount of the credit service charge computed in advance.
HISTORY: 1962 Code Section 8-800.145; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-106. "Consumer lease" defined.

(1) "Consumer lease" means a lease of goods:
(a) which a lessor regularly engaged in the business of leasing makes to a person, other than an organization, who takes under a lease primarily for a personal, family or household purpose;
(b) in which the amount payable under the lease does not exceed twenty-five thousand dollars; and
(c) which is for a term exceeding four months.
(2) "Consumer lease" does not include a lease made pursuant to a lender credit card or similar arrangement.
HISTORY: 1962 Code Section 8-800.146; 1974 (58) 2879; 1982 Act No. 385, Section 11.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-107. "Seller" defined.

Except as otherwise provided, "seller" includes an assignee of the seller's right to payment but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.
HISTORY: 1962 Code Section 8-800.147; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-108. "Revolving charge account" defined.

"Revolving charge account" means an arrangement between a seller and a buyer pursuant to which:
(1) the seller may permit the buyer to purchase goods or services on credit either from the seller or pursuant to a seller credit card;
(2) the unpaid balances of amounts financed arising from purchases and the credit service and other appropriate charges are debited to an account;
(3) a credit service charge if made is not precomputed but is computed on the outstanding unpaid balances of the buyer's account from time to time; and
(4) the buyer has the privilege of paying the balances in installments.
HISTORY: 1962 Code Section 8-800.148; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-109. "Credit service charge" defined.

"Credit service charge" means the sum of:
(1) all charges payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to the extension of credit, including any of the following types of charges which are applicable: time price differential, service, carrying or other charge, however denominated, premium or other charge for any guarantee or insurance protecting the seller against the buyer's default or other credit loss; and, except as otherwise provided in this section;
(2) charges incurred for investigating the collateral or creditworthiness of the buyer or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the seller had no notice of the charges when the credit was granted.
The term does not include charges as a result of default, additional charges (Section 37-2-202), delinquency charges (Section 37-2-203), deferral charges (Section 37-2-204), or in a consumer credit sale which is secured in whole or in part by a first or junior lien or real estate, charges incurred for appraising the real estate that is collateral for the credit sale, if not paid to the creditor or a person related to the creditor.
HISTORY: 1962 Code Section 8-800.149; 1974 (58) 2879; 1982 Act No. 385, Section 13.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-110. "Cash price" defined.

Except as the administrator may otherwise prescribe by rule, the "cash price" of goods, services, or an interest in land means the price at which goods, services, or interest in land are offered for sale by the seller to cash buyers in the ordinary course of business, and may include:
(1) applicable sales, use, and excise and documentary stamp taxes;
(2) the cash price of accessories or related services such as delivery, installation, servicing, repairs, alterations and improvements; and
(3) amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees.
The cash price stated by the seller to the buyer pursuant to the provisions on disclosure (Part 3) of this chapter is presumed to be the cash price.
HISTORY: 1962 Code Section 8-800.150; 1974 (58) 2879.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-111. "Amount financed" defined.

"Amount financed" means the total of the following items to the extent that payment is deferred:
(1) the cash price of the goods, services or interest in land, less the amount of any down payment whether made in cash or in property traded in;
(2) the amount actually paid or to be paid by the seller pursuant to an agreement with the buyer to discharge a security interest in or a lien on property traded in; and
(3) if not included in the cash price:
(a) any applicable sales, use, excise, or documentary stamp taxes;
(b) amounts actually paid or to be paid by the seller for registration, certificate of title, or license fees; and
(c) additional charges permitted by this chapter (Section 37-2-202).
HISTORY: 1962 Code Section 8-800.151; 1974 (58) 2879; 1982 Act No. 385, Section 12.
2023 South Carolina Code of Laws › Title 37 - Consumer Protection Code › Chapter 2 - Credit Sales › Section 37-2-203. Delinquency charges.

(1) With respect to a consumer credit sale including an open-end consumer credit sale pursuant to a seller credit card, and any refinancings or consolidations of all such credit sales, the parties may contract for a delinquency charge on any installment not paid in full within ten days after its due date, as originally scheduled or as deferred, in an amount not exceeding five dollars, which is not more than five percent of the unpaid amount of the installment.
(2) Notwithstanding subsection (1) the seller may contract for and receive a minimum delinquency charge not to exceed forty percent of five dollars as adjusted pursuant to Section 37-1-109. The seller may contract for such a minimum charge even though the charge exceeds five percent of the unpaid amount of the installment.
(3) A statement in the agreement between the creditor and the debtor to the effect that the creditor may charge the maximum delinquency charge (or late charge) authorized by law entitles the creditor to impose a delinquency charge in the dollar amount specified in subsections (1) and (2) as adjusted pursuant to Section 37-1-109 at the time the delinquency charge is imposed, subject to the five percent of the unpaid amount of the installment limitation, if applicable.
(4) A delinquency charge under this section may be collected only once on an installment however long it remains in default. No delinquency charge may be collected with respect to a deferred installment unless the installment is not paid in full within ten days after its deferred due date. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(5) A delinquency charge pursuant to this section must not be collected on a payment that is otherwise a full installment payment for the applicable period and is paid on its due date or within ten days after its due date if the only delinquency is attributable to a late fee or a delinquency charge assessed on an earlier installment. It is the intent of the legislature that, in construing this subsection the courts be guided by interpretations to 16 C.F.R. 444.4 and 12 C.F.R. 227.15, as amended from time to time, relating to late charges, given by the Federal Trade Commission, Federal Reserve Board, and the Federal Courts.
HISTORY: 1962 Code Section 8-800.163; 1974 (58) 2879; 1982 Act No. 385, Section 16; 1991 Act No. 142, Section 4; 2004 Act No. 234, Section 1, eff May 11, 2004.