§ 36-9-101 Short title
§ 36-9-102 Definitions and index of definitions
§ 36-9-103 Purchase-money security interest; application of payments; burden of establishing
§ 36-9-104 Control of deposit account
§ 36-9-105 Control of electronic chattel paper
§ 36-9-106 Control of investment property
§ 36-9-107 Control of letter-of-credit right
§ 36-9-108 Sufficiency of description
§ 36-9-109 Scope
§ 36-9-110 Security interests arising under Chapter 2
§ 36-9-111 UCC lien satisfaction
§ 36-9-201 General effectiveness of security agreement
§ 36-9-202 Title to collateral immaterial
§ 36-9-203 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites
§ 36-9-204 After-acquired property; future advances
§ 36-9-205 Use or disposition of collateral permissible
§ 36-9-206 Security interest arising in purchase or delivery of financial asset
§ 36-9-207 Rights and duties of secured party having possession or control of collateral
§ 36-9-208 Additional duties of secured party having control of collateral
§ 36-9-209 Duties of secured party if account debtor has been notified of assignment
§ 36-9-210 Request for accounting; request regarding list of collateral or statement of account
§ 36-9-301 Law governing perfection and priority of security interests
§ 36-9-302 Law governing perfection and priority of agricultural liens
§ 36-9-303 Law governing perfection and priority of security interests in goods covered by a certificate of title
§ 36-9-304 Law governing perfection and priority of security interests in deposit accounts
§ 36-9-305 Law governing perfection and priority of security interests in investment property
§ 36-9-306 Law governing perfection and priority of security interests in letter-of-credit rights
§ 36-9-307 Location of debtor
§ 36-9-308 When security interest or agricultural lien is perfected; continuity of perfection
§ 36-9-309 Security interest perfected upon attachment
§ 36-9-310 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply
§ 36-9-311 Perfection of security interests in property subject to certain statutes, regulations, and treaties
§ 36-9-312 Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or tran
§ 36-9-313 When possession by or delivery to secured party perfects security interest without filing
§ 36-9-314 Perfection by control
§ 36-9-315 Secured party ‘ s rights on disposition of collateral and in proceeds
§ 36-9-316 Continued perfection of security interest following change in governing law
§ 36-9-317 Interests that take priority over or take free of security interest or agricultural lien
§ 36-9-318 No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers
§ 36-9-319 Rights and title of consignee with respect to creditors and purchasers
§ 36-9-320 Buyer of goods
§ 36-9-321 Licensee of general intangible and lessee of goods in ordinary course of business
§ 36-9-322 Priorities among conflicting security interests in and agricultural liens on same collateral
§ 36-9-323 Future advances
§ 36-9-324 Priority of purchase-money security interests
§ 36-9-325 Priority of security interests in transferred collateral
§ 36-9-326 Priority of security interests created by new debtor
§ 36-9-327 Priority of security interests in deposit account
§ 36-9-328 Priority of security interests in investment property
§ 36-9-329 Priority of security interests in letter-of-credit right
§ 36-9-330 Priority of purchaser of chattel paper or instrument
§ 36-9-331 Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under Chapter 8
§ 36-9-332 Transfer of money; transfer of funds from deposit account
§ 36-9-333 Priority of certain liens arising by operation of law
§ 36-9-334 Priority of security interests in fixtures and crops
§ 36-9-335 Accessions
§ 36-9-336 Commingled goods
§ 36-9-337 Priority of security interests in goods covered by certificate of title
§ 36-9-338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information
§ 36-9-339 Priority subject to subordination
§ 36-9-340 Effectiveness of right of recoupment or set-off against deposit account
§ 36-9-341 Bank ‘ s rights and duties with respect to deposit account
§ 36-9-342 Bank ‘ s right to refuse to enter into or disclose existence of control agreement
§ 36-9-401 Alienability of debtor ‘ s rights
§ 36-9-402 Secured party not obligated on contract of debtor or in tort
§ 36-9-403 Agreement not to assert defenses against assignee
§ 36-9-404 Rights acquired by assignee; claims and defenses against assignee
§ 36-9-405 Modification of assigned contract
§ 36-9-406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective
§ 36-9-407 Restrictions on creation or enforcement of security interest in leasehold interest or in lessor’s residual interest
§ 36-9-408 Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective
§ 36-9-409 Restrictions on assignment of letter-of-credit rights ineffective
§ 36-9-410 Unlawful sale or disposal of personal property subject to security interest; exceptions; penalties
§ 36-9-501 Filing office
§ 36-9-502 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement
§ 36-9-503 Name of debtor and secured party
§ 36-9-504 Indication of collateral
§ 36-9-505 Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions
§ 36-9-506 Effect of errors or omissions
§ 36-9-507 Effect of certain events on effectiveness of financing statement
§ 36-9-508 Effectiveness of financing statement if new debtor becomes bound by security agreement
§ 36-9-509 Persons entitled to file a record
§ 36-9-510 Effectiveness of filed record
§ 36-9-511 Secured party of record
§ 36-9-512 Amendment of financing statement
§ 36-9-513 Termination statement
§ 36-9-514 Assignment of powers of secured party of record
§ 36-9-515 Duration and effectiveness of financing statement; effect of lapsed financing statement
§ 36-9-516 What constitutes filing; effectiveness of filing
§ 36-9-517 Effect of indexing errors
§ 36-9-518 Claim concerning inaccurate or wrongfully filed record
§ 36-9-519 Numbering, maintaining, and indexing records; communicating information provided in records
§ 36-9-520 Acceptance and refusal to accept record
§ 36-9-521 Uniform form of written financing statement and amendment
§ 36-9-522 Maintenance and destruction of records
§ 36-9-523 Information from filing office; sale or license of records
§ 36-9-524 Delay by filing office
§ 36-9-525 Fees
§ 36-9-526 Filing-office rules
§ 36-9-601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes
§ 36-9-602 Waiver and variance of rights and duties
§ 36-9-603 Agreement on standards concerning rights and duties
§ 36-9-604 Procedure if security agreement covers real property or fixtures
§ 36-9-605 Unknown debtor or secondary obligor
§ 36-9-606 Time of default for agricultural lien
§ 36-9-607 Collection and enforcement by secured party
§ 36-9-608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus
§ 36-9-609 Secured party ‘ s right to take possession after default
§ 36-9-610 Disposition of collateral after default
§ 36-9-611 Notification before disposition of collateral
§ 36-9-612 Timeliness of notification before disposition of collateral
§ 36-9-613 Contents and form of notification before disposition of collateral: general
§ 36-9-614 Contents and form of notification before disposition of collateral: consumer-goods transaction
§ 36-9-615 Application of proceeds of disposition; liability for deficiency and right to surplus
§ 36-9-616 Explanation of calculation of surplus or deficiency
§ 36-9-617 Rights of transferee of collateral
§ 36-9-618 Rights and duties of certain secondary obligors
§ 36-9-619 Transfer of record or legal title
§ 36-9-620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral
§ 36-9-621 Notification of proposal to accept collateral
§ 36-9-622 Effect of acceptance of collateral
§ 36-9-623 Right to redeem collateral
§ 36-9-624 Waiver
§ 36-9-625 Remedies for secured party ‘ s failure to comply with chapter
§ 36-9-626 Action in which deficiency or surplus is in issue
§ 36-9-627 Determination of whether conduct was commercially reasonable
§ 36-9-628 Nonliability and limitation on liability of secured party; liability of secondary obligor
§ 36-9-629 Disposition of collateral by public sale
§ 36-9-630 Contents of notice of sale
§ 36-9-631 Posting and mailing notice of sale
§ 36-9-632 Exception as to perishable property
§ 36-9-633 Postponement of public sale
§ 36-9-634 Procedure upon dissolution of order restraining or enjoining sale
§ 36-9-635 Disposition of proceeds of sale
§ 36-9-702 Savings clause
§ 36-9-703 Security interest perfected before effective date
§ 36-9-704 Security interest unperfected before effective date
§ 36-9-705 Effectiveness of action taken before effective date
§ 36-9-706 When initial financing statement suffices to continue effectiveness of financing statement
§ 36-9-707 Pre-effective-date financing statement
§ 36-9-708 Persons entitled to file initial financing statement or continuation statement
§ 36-9-709 Priority
§ 36-9-802 Application and effect
§ 36-9-803 Effect on previously perfected security interests
§ 36-9-804 Timing of perfection of preexisting security interests
§ 36-9-805 Effect of previous filing of financing statement
§ 36-9-806 Filing of initial financing statement; requirements
§ 36-9-807 Pre-effective-date financing statement defined; addition or deletion of collateral; effect of pre-effective-date financing statement
§ 36-9-808 Filing of initial financing statement or continuation statement
§ 36-9-809 Determination of priority

Terms Used In South Carolina Code > Title 36 > Chapter 9 - Commercial Code - Secured Transactions

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home agency: means the agency or law enforcement entity where the special law enforcement officer is currently employed. See South Carolina Code 25-9-520
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: A promise to tell the truth.
  • 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.
  • Personal property: All property that is not real property.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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.
  • Special law enforcement officer: means a law enforcement officer of a member state to the Emergency Management Assistance Compact who meets the qualifications set forth in this chapter and is deployed to the State of South Carolina upon a request for assistance pursuant to Article III(B) of the Emergency Management Assistance Compact. See South Carolina Code 25-9-520
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.