South Carolina Code of Laws
Chapter 3 - Commercial Code - Negotiable Instruments
Section 36-3-501. Presentment.

(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.
(b) The following rules are subject to Chapter 4, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.
HISTORY: 1962 Code Section 10.3-501; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 36 - Commercial Code

Chapter 3 - Commercial Code - Negotiable Instruments

Section 36-3-101. Short title.

Section 36-3-102. Subject matter.

Section 36-3-103. Definitions.

Section 36-3-104. Negotiable instrument.

Section 36-3-105. Issue of instrument.

Section 36-3-106. Unconditional promise or order.

Section 36-3-107. Instrument payable in foreign money.

Section 36-3-108. Payable on demand or at definite time.

Section 36-3-109. Payable to bearer or order.

Section 36-3-110. Identification of person to whom instrument is payable.

Section 36-3-111. Place of payment.

Section 36-3-112. Interest.

Section 36-3-113. Date of instrument.

Section 36-3-114. Contradictory terms of instrument.

Section 36-3-115. Incomplete instrument.

Section 36-3-116. Joint and several liability; contribution.

Section 36-3-117. Other agreements affecting instrument.

Section 36-3-118. Statute of limitations.

Section 36-3-119. Notice of right to defend action.

Section 36-3-120 to 36-3-122. Omitted by 2008 Act No. 204, Section 2, eff July 1, 2008.

Section 36-3-201. Negotiation.

Section 36-3-202. Negotiation subject to rescission.

Section 36-3-203. Transfer of instrument; rights acquired by transfer.

Section 36-3-204. Indorsement.

Section 36-3-205. Special indorsement; blank indorsement; anomalous indorsement.

Section 36-3-206. Restrictive endorsements.

Section 36-3-207. Reacquisition.

Section 36-3-208. Omitted by 2008 Act No. 204, Section 2, eff July 1, 2008.

Section 36-3-301. Person entitled to enforce instrument.

Section 36-3-302. Holder in due course.

Section 36-3-303. Value and consideration.

Section 36-3-304. Overdue instrument.

Section 36-3-305. Defenses and claims in recoupment.

Section 36-3-306. Claims to instrument.

Section 36-3-307. Notice of breach of fiduciary duty.

Section 36-3-308. Proof of signatures and status as holder in due course.

Section 36-3-309. Enforcement of lost, destroyed, or stolen instrument.

Section 36-3-310. Effect on obligation when instrument taken.

Section 36-3-311. Accord and satisfaction by use of instrument.

Section 36-3-312. Lost, destroyed, or stolen cashier's check, teller's check, or certified check.

Section 36-3-401. Signature.

Section 36-3-402. Signature by representative.

Section 36-3-403. Unauthorized signature.

Section 36-3-404. Imposters; fictitious payees.

Section 36-3-405. Employer's responsibility for fraudulent indorsement by employee.

Section 36-3-406. Negligence contributing to forged signature or alteration of instrument.

Section 36-3-407. Alteration.

Section 36-3-408. Drawee not liable on unaccepted draft.

Section 36-3-409. Acceptance of draft; certified check.

Section 36-3-410. Acceptance varying draft.

Section 36-3-411. Refusal to pay cashier's check, teller's check, and certified check.

Section 36-3-412. Obligation of issuer of note or cashier's check.

Section 36-3-413. Obligation of acceptor.

Section 36-3-414. Obligation of drawer.

Section 36-3-415. Obligation of indorser.

Section 36-3-416. Transfer warranties.

Section 36-3-417. Presentment warranties.

Section 36-3-418. Payment for acceptance by mistake.

Section 36-3-419. Instrument signed for accommodation.

Section 36-3-420. Conversion of instrument.

Section 36-3-501. Presentment.

Section 36-3-502. Dishonor.

Section 36-3-503. Notice of dishonor.

Section 36-3-504. Excused presentment and notice of dishonor.

Section 36-3-505. Evidence of dishonor.

Section 36-3-506 to 36-3-511. Omitted by 2008 Act No. 204, Section 2, eff July 1, 2008.

Section 36-3-601. Discharge and effect of discharge.

Section 36-3-602. Payment.

Section 36-3-603. Tender of payment.

Section 36-3-604. Discharge by cancellation or renunciation.

Section 36-3-605. Discharge of secondary obligors.

Section 36-3-606. Omitted by 2008 Act 204, Section 2, eff July 1, 2008.

Section 36-3-701. Omitted by 2008 Act No. 204, Section 2, eff July 1, 2008.

Section 36-3-801 to 36-3-805. Omitted by 2008 Act No. 204, Section 2, eff July 1, 2008.