§ 36-4-101 Short title
§ 36-4-102 Applicability
§ 36-4-103 Variation by agreement; measure of damages; action constituting ordinary care
§ 36-4-104 Definitions and index of definitions
§ 36-4-105 Definitions of types of banks
§ 36-4-106 Payable through or payable at bank; collecting bank
§ 36-4-107 Separate office of bank
§ 36-4-108 Time of receipt of items
§ 36-4-109 Delays
§ 36-4-110 Electronic presentment
§ 36-4-111 Statute of limitations
§ 36-4-201 Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed “pay any bank”
§ 36-4-202 Responsibility for collections or return; when action timely
§ 36-4-203 Effect of instructions
§ 36-4-204 Methods of sending and presenting; sending directly to payor bank
§ 36-4-205 Depositary bank holder of unindorsed item
§ 36-4-206 Transfer between banks
§ 36-4-207 Transfer warranties
§ 36-4-208 Presentment warranties
§ 36-4-209 Encoding and retention warranties
§ 36-4-210 Security interest of collecting bank in items, accompanying documents, and proceeds
§ 36-4-211 When bank gives value for purposes of holder in due course
§ 36-4-212 Presentment by notice of item not payable by, through, or at bank; liability of drawer or indorser
§ 36-4-213 Medium and time of settlement by bank
§ 36-4-214 Right of charge-back or refund; liability of collecting bank; return of item
§ 36-4-215 Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal
§ 36-4-216 Insolvency and preference
§ 36-4-301 Posting; recovery of payment by return of items; time of dishonor; return of items by payor bank
§ 36-4-302 Payor bank’s responsibility for late return of item
§ 36-4-303 When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be changed or certified
§ 36-4-401 When bank may charge customer’s account
§ 36-4-402 Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account
§ 36-4-403 Customer’s right to stop payment; burden of proof of loss
§ 36-4-404 Bank not obliged to pay check more than six months old
§ 36-4-405 Death or incompetence of a customer
§ 36-4-406 Customer’s duty to discover and report unauthorized signature or alteration
§ 36-4-407 Payor bank’s right to subrogation on improper payment
§ 36-4-501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor
§ 36-4-502 Presentment of “on arrival” drafts
§ 36-4-503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need
§ 36-4-504 Privilege of presenting bank to deal with goods; security interest for expenses

Terms Used In South Carolina Code > Title 36 > Chapter 4 - Commercial Code - Bank Deposits and Collections

  • Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;

    (2) "Afternoon" means the period of a day between noon and midnight;

    (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;

    (4) "Clearing house" means an association of banks or other payors regularly clearing items;

    (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;

    (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 36-8-102) or instructions for uncertificated securities (§ 36-8-102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;

    (7) "Draft" means a draft as defined in § 36-3-104 or an item, other than an instrument, that is an order;

    (8) "Drawee" means a person ordered in a draft to make payment;

    (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. See South Carolina Code 36-4-104
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Probation, Parole and Pardon Services. See South Carolina Code 24-21-5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Hearing officer: means an employee of the department who conducts preliminary hearings to determine probable cause on alleged violations committed by an individual under the supervision of the department and as otherwise provided by law. See South Carolina Code 24-21-5
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Pardon: means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided. See South Carolina Code 24-21-940
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.