A political subdivision of this State may not enact or enforce any ordinance, resolution, or rule regulating the financial or lending activities of a person or a subsidiary or affiliate of that person, including disqualification of a person from doing business with the political subdivision based upon lending interest rates or imposition of reporting requirements or other obligations upon a person regarding its financial services or lending practices, if that person or a subsidiary or an affiliate of that person:
(1) is subject to the jurisdiction of the State Board of Financial Institutions;
(2) is subject to the jurisdiction of the Office of Thrift Supervision, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Federal Trade Commission, or the United States Department of Housing and Urban Development;
(3) originates, purchases, sells, or assigns securities, services, property interests, or obligations created by a financial transaction or loan made, executed, or originated to assist or facilitate the transaction by a person referred to in item (1) or (2); or
(4) sells or markets banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338.
HISTORY: 2003 Act No. 42, Section 7, eff Jan. 1, 2004, and applying to loans for which the loan applications were taken on or after that date.
Structure South Carolina Code of Laws
Title 34 - Banking, Financial Institutions and Money
Chapter 1 - State Board Of Financial Institutions
Section 34-1-20. Appointment of members.
Section 34-1-30. Terms of members; vacancies.
Section 34-1-40. Expenses of members.
Section 34-1-50. Office space.
Section 34-1-80. Examining department; Commissioner of Banking.
Section 34-1-90. Commissioner of Banking shall report criminal violations to Board.
Section 34-1-100. Initiation of criminal prosecutions.
Section 34-1-120. Penalties for obstructing Commissioner of Banking.
Section 34-1-130. Study of capital reserve position of financial institutions; report.
Section 34-1-140. State preemption of lender regulation.
Section 34-1-150. Requirements for applicant seeking permission to organize a bank.
Section 34-1-160. Authorization of organization of proposed bank; articles of incorporation.
Section 34-1-170. Requirements for articles of incorporation of proposed bank.
Section 34-1-180. Requirements for board to approve a charter for proposed bank.
Section 34-1-210. Remote service unit not considered a branch of a bank.
Section 34-1-220. Delegations to the Commissioner of Banking.