South Carolina Code of Laws
Chapter 1 - Commercial Code - General Provisions
Section 36-1-204. Value.

Except as otherwise provided in Chapters 3, 4, 4A, 5, and 6 of this title, a person gives value for rights if the person acquires them:
(a) in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or
(b) as security for, or in total or partial satisfaction of, a preexisting claim; or
(c) by accepting delivery under a preexisting contract for purchase; or
(d) in return for any consideration sufficient to support a simple contract.
HISTORY: 1962 Code Section 10.1-201; 1966 (54) 2716; 1988 Act No. 494, Section 2; 1991 Act No. 161, Section 2(A); 2001 Act No. 67, Section 3; former 1976 Code Section 36-1-201; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.
OFFICIAL COMMENT
Source: Former Section 1-201(44).
Changes from former law: Unchanged from former Section 1-201, which was derived from Sections 25, 26, 27, 191, Uniform Negotiable Instruments Law; Section 76, Uniform Sales Act; Section 53, Uniform Bills of Lading Act; Section 58, Uniform Warehouse Receipts Act; Section 22(1), Uniform Stock Transfer Act; Section 1, Uniform Trust Receipts Act. These provisions are substantive rather than purely definitional. Accordingly, they have been relocated from former Section 1-201 to this section.
1. All the Uniform Acts in the commercial law field (except the Uniform Conditional Sales Act) have carried definitions of "value." All those definitions provided that value was any consideration sufficient to support a simple contract, including the taking of property in satisfaction of or as security for a pre-existing claim. Subsections (1), (2), and (4) in substance continue the definitions of "value" in the earlier acts. Subsection (3) makes explicit that "value" is also given in a third situation: where a buyer by taking delivery under a pre-existing contract converts a contingent into a fixed obligation.
This definition is not applicable to Articles 3 and 4, but the express inclusion of immediately available credit as value follows the separate definitions in those Articles. See Sections 4-208, 4-209, 3-303. A bank or other financing agency which in good faith makes advances against property held as collateral becomes a bona fide purchaser of that property even though provision may be made for charge-back in case of trouble. Checking credit is "immediately available" within the meaning of this section if the bank would be subject to an action for slander of credit in case checks drawn against the credit were dishonored, and when a charge-back is not discretionary with the bank, but may only be made when difficulties in collection arise in connection with the specific transaction involved.

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."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 36 - Commercial Code

Chapter 1 - Commercial Code - General Provisions

Section 36-1-101. Short title.

Section 36-1-102. Scope of chapter.

Section 36-1-103. Construction of Uniform Commercial Code to promote its purposes and policies; supplementary general principles of law applicable.

Section 36-1-104. Construction against implicit repeal.

Section 36-1-105. Severability.

Section 36-1-106. Use of singular and plural; gender.

Section 36-1-107. Section captions.

Section 36-1-108. Relation to Electronic Signatures in Global and National Commerce Act.

Section 36-1-109. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

Section 36-1-201. General definitions.

Section 36-1-202. Notice; knowledge.

Section 36-1-203. Lease distinguished from security interest.

Section 36-1-204. Value.

Section 36-1-205. Reasonable time; seasonableness.

Section 36-1-206. Presumptions.

Section 36-1-207. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

Section 36-1-208. Omitted by 2014 Act No. 213, Section 1, eff October 1, 2014.

Section 36-1-301. Territorial applicability; parties' power to choose applicable law.

Section 36-1-302. Variation by agreement.

Section 36-1-303. Course of performance, course of dealing, and usage of trade.

Section 36-1-304. Obligation of good faith.

Section 36-1-305. Remedies to be liberally administered.

Section 36-1-306. Waiver or renunciation of claim or right after breach.

Section 36-1-307. Prima facie evidence by third-party documents.

Section 36-1-308. Performance or acceptance under reservation of rights.

Section 36-1-309. Option to accelerate at will.

Section 36-1-310. Subordinated obligations.