reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-410. Unlawful sale or disposal of personal property subject to security interest; exceptions; penalties.

(A) Notwithstanding Section 36-9-401, a person who intentionally or wilfully sells or disposes of personal property that is subject to a perfected security interest, with the intent to defraud the secured party, without the written consent of the secured party and without paying the debt secured by the perfected security interest within ten days after sale or disposal or, in that time, depositing the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides, is in violation of this section.
(B) This section does not apply:
(1) if the sale is made without the knowledge of or notice of the perfected security interest to the purchaser by the person selling the property;
(2) to the granting of subsequent security interests;
(3) if the loan secured by the personal property includes a charge for nonfiling insurance; or
(4) to personal property titled by the Department of Public Safety or the Law Enforcement Division of the South Carolina Department of Natural Resources.
(C) If the value of the personal property subject to a perfected security interest is worth:
(1) two thousand dollars or less, a person who violates the provisions of this section is guilty of a misdemeanor triable in the magistrates court or the municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both;
(2) more than two thousand dollars but less than ten thousand dollars, a person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both;
(3) ten thousand dollars or more, a person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
HISTORY: 2004 Act No. 265, Section 1, eff July 6, 2004; 2010 Act No. 273, Section 16.Y, eff June 2, 2010.
Effect of Amendment
The 2010 amendment in subsection (C) rewrote item (1), in item (2) substituted "two thousand" for "one thousand" and "ten thousand" for "five thousand", and in item (3) substituted "ten thousand" for "five thousand".
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-501. Filing office.

(a) Except as otherwise provided in subsection (b), if the local law of this State governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:
(1) the office designated for the filing or recording of a record of a mortgage on the related real property, if:
(A) the collateral is as-extracted collateral or timber to be cut; or
(B) the financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or
(2) the office of the Secretary of State or any office duly authorized by the Secretary of State, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.
(b) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the Secretary of State. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.
(c) A person may not knowingly or intentionally file with the filing office as provided in subsections (a) or (b) a false or fraudulent financing statement or a financing statement filed for the purpose of hindering, harassing, or wrongfully interfering with another person or entity. In addition to another penalty provided by law, a violation of this subsection is a felony punishable by imprisonment for not more than five years or a fine of not more than two thousand five hundred dollars, or both. If the person is convicted of the violation, the court may find that the financing statement is ineffective, may order the filing office to terminate or purge the financing statement, and may order restitution to an aggrieved party.
(d) If a person files with the filing office pursuant to subsections(a) or (b) a false or fraudulent financing statement or a financing statement filed for the purpose of hindering, harassing, or wrongfully interfering with another person or entity, a debtor named in that financing statement may file an action against the person that filed the financing statement seeking appropriate equitable relief or damages including, but not limited to, an order declaring the financing statement ineffective, ordering the filing office to terminate or purge the financing statement, and awarding reasonable attorney fees.
HISTORY: 1962 Code Section 10.9-501; 1966 (54) 2716; 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12; 2005 Act No. 161, Section 37.A, eff upon approval (became law without the Governor's signature on June 9, 2005).
Effect of Amendment
The 2005 amendment added subsection (c) and (d) relating to fraudulent financing statements.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-502. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

(a) Subject to subsection (b), a financing statement is sufficient only if it:
(1) provides the name of the debtor;
(2) provides the name of the secured party or a representative of the secured party; and
(3) indicates the collateral covered by the financing statement.
(b) Except as otherwise provided in Section 36-9-501(b), to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also:
(1) indicate that it covers this type of collateral;
(2) indicate that it is to be filed for record in the real property records;
(3) provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of this State if the description were contained in a record of the mortgage of the real property; and
(4) if the debtor does not have an interest of record in the real property, provide the name of a record owner.
(c) A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if the:
(1) record indicates the goods or accounts that it covers;
(2) goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;
(3) record satisfies the requirements for a financing statement in this section, but the:
(A) record need not indicate that it is to be filed in the real property records; and
(B) record sufficiently provides the name of a debtor who is an individual if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is an individual to whom Section 36-9-503(a)(6) applies; and
(4) record is duly recorded.
(d) A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.
HISTORY: 1962 Code Section 10.9-502; 1966 (54) 2716; 1988 Act No. 494, Section 5; 2001, Act No. 67, Section 12; 2013 Act No. 96, Section 11, eff July 1, 2013.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-504. Indication of collateral.

A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
(1) a description of the collateral pursuant to Section 36-9-108; or
(2) an indication that the financing statement covers all assets or all personal property.
HISTORY: 1962 Code Section 10.9-504; 1966 (54) 2716; 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

(a) A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in Section 36-9-311(a), using the terms "consignor", "consignee", "lessor", "lessee", "bailor", "bailee", "licensor", "licensee", "owner", "registered owner", "buyer", "seller", or words of similar import, instead of the terms "secured party" and "debtor".
(b) This part applies to the filing of a financing statement under subsection (a) and, as appropriate, to compliance that is equivalent to filing a financing statement under section 36-9-311(b), but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.
HISTORY: 1962 Code Section 10.9-505; 1966 (54) 2716; 1980 Act No. 413; 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-506. Effect of errors or omissions.

(a) A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
(b) Except as otherwise provided in subsection (c), a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 36-9-503(a) is seriously misleading.
(c) If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with Section 36-9-503(a), the name provided does not make the financing statement seriously misleading.
(d) For purposes of Section 36-9-508(b), the "debtor's correct name" in subsection (c) means the correct name of the new debtor.
HISTORY: 1962 Code Section 10.9-506; 1966 (54) 2716; 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-507. Effect of certain events on effectiveness of financing statement.

(a) A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
(b) Except as otherwise provided in subsection (c) and Section 36-9-508, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under Section 36-9-506.
(c) If the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor pursuant to Section 36-9-503(a) so that the financing statement becomes seriously misleading pursuant to Section 36-9-506:
(1) the financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the filed financing statement becomes seriously misleading; and
(2) the financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the financing statement became seriously misleading.
HISTORY: 1962 Code Section 10.9-507; 1966 (54) 2716; 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12; 2013 Act No. 96, Section 13, eff July 1, 2013.
Effect of Amendment
The 2013 amendment rewrote subsection (c).
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.

(a) Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
(b) If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) to be seriously misleading under Section 36-9-506:
(1) the financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under Section 36-9-203(d); and
(2) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under Section 36-9-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(c) This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under Section 36-9-507(a).
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-509. Persons entitled to file a record.

(a) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
(1) the debtor authorizes the filing in an authenticated record or pursuant to subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(b) By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1) the collateral described in the security agreement; and
(2) property that becomes collateral under Section 36-9-315(a)(2), whether or not the security agreement expressly covers proceeds.
(c) By acquiring collateral in which a security interest or agricultural lien continues under Section 36-9-315(a)(1), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under Section 36-9-315(a)(2).
(d) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(1) the secured party of record authorizes the filing; or
(2) the amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by Section 36-9-513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
(e) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d).
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-510. Effectiveness of filed record.

(a) A filed record is effective only to the extent that it was filed by a person that may file it under Section 36-9-509 .
(b) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
(c) A continuation statement that is not filed within the six-month period prescribed by Section 36-9-515(d) is ineffective.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-511. Secured party of record.

(a) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under Section 36-9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(b) If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under Section 36-9-514(b), the assignee named in the amendment is a secured party of record.
(c) A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-512. Amendment of financing statement.

(a) Subject to Section 36-9-509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend the information provided in, a financing statement by filing an amendment that:
(1) identifies, by its file number, the initial financing statement to which the amendment relates; and
(2) if the amendment relates to an initial financing statement filed or recorded in a filing office described in Section 36-9-501(a)(1), provides the date and time that the initial financing statement was filed or recorded and the information specified in Section 36-9-502(b).
(b) Except as otherwise provided in Section 36-9-515, the filing of an amendment does not extend the period of effectiveness of the financing statement.
(c) A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
(d) A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
(e) An amendment is ineffective to the extent it:
(1) purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or
(2) purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-513. Termination statement.

(a) A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
(1) there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
(2) the debtor did not authorize the filing of the initial financing statement.
(b) To comply with subsection (a), a secured party shall cause the secured party of record to file the termination statement:
(1) within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
(2) if earlier, within twenty days after the secured party receives an authenticated demand from a debtor.
(c) In cases not governed by subsection (a), within twenty days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
(1) except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;
(2) the financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
(3) the financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or
(4) the debtor did not authorize the filing of the initial financing statement.
(d) Except as otherwise provided in Section 36-9-510, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in Section 36-9-510, for purposes of Sections 36-9-519(g), 36-9-522(a), and 36-9-523(c), the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-514. Assignment of powers of secured party of record.

(a) Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
(b) Except as otherwise provided in subsection (c), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:
(1) identifies, by its file number, the initial financing statement to which it relates;
(2) provides the name of the assignor; and
(3) provides the name and mailing address of the assignee.
(c) An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under Section 36-9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this State other than the Uniform Commercial Code.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.

(a) Except as otherwise provided in subsections (b), (e), (f), and (g), a filed financing statement is effective for a period of five years after the date of filing.
(b) Except as otherwise provided in subsections (e), (f), and (g), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of thirty years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.
(c) The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(d) A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the thirty-year period specified in subsection (b), whichever is applicable.
(e) Except as otherwise provided in Section 36-9-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(f) If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
(g) A record of a mortgage that is effective as a financing statement filed as a fixture filing under Section 36-9-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
HISTORY: 2001 Act No. 67, Section 12; 2013 Act No. 96, Section 14, eff July 1, 2013.
Effect of Amendment
The 2013 amendment, in subsection (f), inserted "initial".
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-520. Acceptance and refusal to accept record.

(a) A filing office shall refuse to accept a record for filing for a reason set forth in Section 36-9-516(b) and may refuse to accept a record for filing only for a reason set forth in Section 36-9-516(b).
(b) If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in Section 36-9-501(a)(2), in no event more than two business days after the filing office receives the record.
(c) A filed financing statement satisfying Section 36-9-502(a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, Section 36-9-338 applies to a filed financing statement providing information described in Section 36-9-516(b)(5) which is incorrect at the time the financing statement is filed.
(d) If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.
(e)(1) If the Secretary of State refuses to accept a record for filing pursuant to Section 36-9-516 (b)(8) or (9) or cancels a wrongfully filed record pursuant to Section 36-9-518(d) the secured party may file an appeal within thirty days after the refusal or cancellation in the Administrative Law Court consistent with the Administrative Law Court rules.
(2) The Administrative Law Court's final decision may be appealed as in accordance with Administrative Law Court rules.
HISTORY: 2001 Act No. 67, Section 12; 2005 Act No. 161, Section 37.D, eff upon approval (became law without the Governor's signature on June 9, 2005).
Effect of Amendment
The 2005 amendment added subsection (e) relating to appeals from the Secretary of State's refusal to file or cancellation of filing.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-522. Maintenance and destruction of records.

(a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under Section 36-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and:
(1) if the record was filed or recorded in the filing office described in Section 36-9-501(a)(1), by using the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed or recorded; or
(2) if the record was filed in the filing office described in Section 36-9-501(a)(2), by using the file number assigned to the initial financing statement to which the record relates.
(b) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-523. Information from filing office; sale or license of records.

(a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to Section 36-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:
(1) note upon the copy the number assigned to the record pursuant to Section 36-9-519(a)(1) and the date and time of the filing of the record; and
(2) send the copy to the person.
(b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:
(1) the information in the record;
(2) the number assigned to the record pursuant to Section 36-9-519(a)(1); and
(3) the date and time of the filing of the record.
(c) The Secretary of State's office shall communicate or otherwise make available in a record the following information to any person that requests it:
(1) whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:
(A) designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;
(B) has not lapsed under Section 36-9-515 with respect to all secured parties of record; and
(C) if the request so states, has lapsed under Section 36-9-515 and a record of which is maintained by the filing office under Section 36-9-522(a);
(2) the date and time of filing of each financing statement; and
(3) the information provided in each financing statement.
(d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing its written certificate or a record that can be admitted into evidence in the courts of this State without extrinsic evidence of its authenticity.
(e) The Secretary of State's office described in Section 36-9-501(a)(2) shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request.
(f) At least weekly, the filing office described in Section 36-9-501(a)(2) shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in every medium from time to time available to the filing office.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-524. Delay by filing office.

Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) the delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
(2) the filing office exercises reasonable diligence under the circumstances.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-525. Fees.

(a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection (b), is the amount specified in subsection (c), if applicable, plus:
(1) eight dollars if the record is communicated in writing and consists of one or two pages;
(2) ten dollars if the record is communicated in writing and consists of three pages and one dollar for each additional page after the third page; and
(3) ten dollars if the record is communicated by another medium authorized by filing-office rule.
(b) Except as otherwise provided in subsection (e), the fee for filing and indexing an initial financing statement of the following kind is the amount specified in subsection (c), if applicable, plus:
(1) twenty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction;
(2) twenty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.
(c) Except as otherwise provided in subsection (e), if a record is communicated in writing, the fee for each name more than two required to be indexed is two dollars.
(d) The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:
(1) five dollars if the request is communicated in writing; and
(2) five dollars if the request is communicated by another medium authorized by filing-office rule.
(e) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under Section 36-9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.
HISTORY: 2001 Act No. 67, Section 12; 2002 Act No. 329, Section 3E, eff July 1, 2002; 2003 Act No. 26, Section 1, eff May 14, 2003.
Effect of Amendment
The 2002 amendment, in subsection (a), deleted paragraphs (1) to (3) and added the last clause starting with "two dollars".
The 2003 amendment, in subsection (a), substituted paragraphs (1) to (3) for "two dollars for the first page and one dollar for each additional page" at the end of the subsection.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-526. Filing-office rules.

(a) The Secretary of State shall adopt and publish rules to implement this chapter. The filing-office rules must be:
(1) consistent with this chapter; and
(2) adopted and published in accordance with the Administrative Procedures Act.
(b) To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing filing-office rules, shall:
(1) consult with filing offices in other jurisdictions that enact substantially this part; and
(2) consult the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators or any successor organization; and
(3) take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.
HISTORY: 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

(a) After default, a secured party has the rights provided in this part and, except as otherwise provided in Section 36-9-602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) A secured party in possession of collateral or control of collateral under Section 36-7-106, 36-9-104, 36-9-105, 36-9-106, or 36-9-107 has the rights and duties provided in Section 36-9-207.
(c) The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Except as otherwise provided in subsection (g) and Section 36-9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this Section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.
(g) Except as otherwise provided in Section 36-9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12; 2014 Act No. 213 (S.343), Section 45, eff October 1, 2014.
Editor's Note
2014 Act No. 213, Section 51, provides as follows:
"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."
Effect of Amendment
2014 Act No. 213, Section 45, in subsection (b), inserted "36-7-106".
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-602. Waiver and variance of rights and duties.

Except as otherwise provided in Section 36-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
(1) Section 36-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
(2) Section 36-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) Section 36-9-607(c), which deals with collection and enforcement of collateral;
(4) Sections 36-9-608(a) and 36-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) Sections 36-9-608(a) and 36-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) Section 36-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
(7) Sections 36-9-610(b), 36-9-611, 36-9-613, and 36-9-614, which deal with disposition of collateral;
(8) Section 36-9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;
(9) Section 36-9-616, which deals with explanation of the calculation of a surplus or deficiency;
(10) Sections 36-9-620, 36-9-621, and 36-9-622, which deal with acceptance of collateral in satisfaction of obligation;
(11) Section 36-9-623, which deals with redemption of collateral;
(12) Section 36-9-624, which deals with permissible waivers; and
(13) Sections 36-9-625 and 36-9-626, which deal with the secured party's liability for failure to comply with this chapter.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-603. Agreement on standards concerning rights and duties.

(a) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 36-9-602 if the standards are not manifestly unreasonable.
(b) Subsection (a) does not apply to the duty under Section 36-9-609 to refrain from breaching the peace.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-604. Procedure if security agreement covers real property or fixtures.

(a) If a security agreement covers both personal and real property, a secured party may proceed:
(1) under this part as to the personal property without prejudicing any rights with respect to the real property; or
(2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(b) Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
(1) under this part; or
(2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(c) Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
(d) A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-605. Unknown debtor or secondary obligor.

A secured party does not owe a duty based on its status as secured party:
(1) to a person that is a debtor or obligor, unless the secured party knows:
(A) that the person is a debtor or obligor;
(B) the identity of the person; and
(C) how to communicate with the person; or
(2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(A) that the person is a debtor; and
(B) the identity of the person.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-606. Time of default for agricultural lien.

For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12.
2023 South Carolina Code of Laws › Title 36 - Commercial Code › Chapter 9 - Commercial Code - Secured Transactions › Section 36-9-607. Collection and enforcement by secured party.

(a) If so agreed, and in any event after default, a secured party:
(1) may notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
(2) may take any proceeds to which the secured party is entitled under Section 36-9-315;
(3) may enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;
(4) if it holds a security interest in a deposit account perfected by control under Section 36-9-104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
(5) if it holds a security interest in a deposit account perfected by control under Section 36-9-104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
(b) If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:
(1) a copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and
(2) the secured party's sworn affidavit in recordable form stating that:
(A) a default has occurred with respect to the obligation secured by the mortgage; and
(B) the secured party is entitled to enforce the mortgage nonjudicially.
(c) A secured party shall proceed in a commercially reasonable manner if the secured party:
(1) undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and
(2) is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
(d) A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party.
(e) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
HISTORY: 1988 Act No. 494, Section 5; 2001 Act No. 67, Section 12; 2013 Act No. 96, Section 18, eff July 1, 2013.
Effect of Amendment
The 2013 amendment, in subsection (b)(2)(A), inserted "with respect to the obligation secured by the mortgage".