South Carolina Code of Laws
Chapter 39 - Deferred Presentment Services
Section 34-39-120. Definitions.

As used in this chapter, unless the context clearly requires otherwise, the term:
(1) "Board" means the State Board of Financial Institutions.
(2) "Check" means a check signed by the maker and made payable to a person licensed pursuant to this chapter. The name of the maker must be preprinted on the face of the check. "Counter checks" and checks without the name of the maker preprinted on the face of the check may not be accepted by a licensee.
(3) "Deferred presentment services" means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:
(a) accepting a check dated on the date it was written; and
(b) holding the check for a period of time before presentment for payment or deposit.
(4) "Licensee" means a person licensed to provide deferred presentment services pursuant to this chapter.
(5) "Person" means an individual, group of individuals, partnership, association, corporation, or other business unit or legal entity.
(6) "Location" means the entire space in which deferred presentment services are provided. The space must be completely separated from any space where goods or services are sold or leased. The location must be separately staffed and must not have a common entrance with any other business not permitted by this chapter.
HISTORY: 1998 Act No. 433, Section 1, eff upon approval (became law without the Governor's signature on June 11, 1998).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 34 - Banking, Financial Institutions and Money

Chapter 39 - Deferred Presentment Services

Section 34-39-110. Short title.

Section 34-39-120. Definitions.

Section 34-39-130. Licensure requirements.

Section 34-39-140. Applicability of chapter; exceptions.

Section 34-39-150. Application for licensure.

Section 34-39-160. Qualifications for licensure.

Section 34-39-170. Restrictions on advancement of monies on security of check; posting of fees charged for deferred presentment services.

Section 34-39-175. Deferred presentment transaction database.

Section 34-39-180. Restrictions and requirements for deferred presentment or deposit of check.

Section 34-39-190. Maintenance of books, accounts, and records; examination.

Section 34-39-200. Limitations on activities by persons required to be licensed by chapter.

Section 34-39-210. Suspension or revocation of license.

Section 34-39-220. Orders to cease and desist violations of chapter; hearing.

Section 34-39-230. Civil penalties; repayment of unlawful or excessive fees.

Section 34-39-240. Wilful violations; referral for criminal prosecution.

Section 34-39-250. Chapter not subject to other statutes governing imposition of interest, fees, loan charges, or extension of credit.

Section 34-39-260. Promulgation of regulations.

Section 34-39-270. Prohibited deferred presentment transactions; eligibility inquiries; notification of transactions.

Section 34-39-280. Extended payment plans.

Section 34-39-290. Annual report and meeting concerning data.