(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1) a document regular in form as provided in Subsection (b) which purports to be a protest;
(2) a purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;
(3) a book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.
(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
HISTORY: 1962 Code Section 10.3-505; 1966 (54) 2716; 2008 Act No. 204, Section 2, eff July 1, 2008.
Structure South Carolina Code of Laws
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 36-3-113. 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 36-3-402. 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 36-3-408. 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 36-3-503. 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 36-3-603. 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.