South Carolina Code of Laws
Chapter 4 - Commercial Code - Bank Deposits And Collections
Section 36-4-212. Presentment by notice of item not payable by, through, or at bank; liability of drawer or indorser.

(a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a record providing notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under Section 36-3-501 by the close of the bank's next banking day after it knows of the requirement.
(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under Section 36-3-501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or indorser by sending it notice of the facts.
HISTORY: 1962 Code Section 10.4-212; 1966 (54) 2716; 2008 Act No. 204, Section 3, eff July 1, 2008.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 36 - Commercial Code

Chapter 4 - Commercial Code - Bank Deposits And Collections

Section 36-4-101. Short title.

Section 36-4-102. Applicability

Section 36-4-103. Variation by agreement; measure of damages; action constituting ordinary care.

Section 36-4-104. Definitions and index of definitions.

Section 36-4-105. Definitions of types of banks.

Section 36-4-106. Payable through or payable at bank; collecting bank.

Section 36-4-107. Separate office of bank.

Section 36-4-108. Time of receipt of items.

Section 36-4-109. Delays.

Section 36-4-110. Electronic presentment.

Section 36-4-111. Statute of limitations.

Section 36-4-201. Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed "pay any bank".

Section 36-4-202. Responsibility for collections or return; when action timely.

Section 36-4-203. Effect of instructions.

Section 36-4-204. Methods of sending and presenting; sending directly to payor bank.

Section 36-4-205. Depositary bank holder of unindorsed item.

Section 36-4-206. Transfer between banks.

Section 36-4-207. Transfer warranties.

Section 36-4-208. Presentment warranties.

Section 36-4-209. Encoding and retention warranties.

Section 36-4-210. Security interest of collecting bank in items, accompanying documents, and proceeds.

Section 36-4-211. When bank gives value for purposes of holder in due course.

Section 36-4-212. Presentment by notice of item not payable by, through, or at bank; liability of drawer or indorser.

Section 36-4-213. Medium and time of settlement by bank.

Section 36-4-214. Right of charge-back or refund; liability of collecting bank; return of item.

Section 36-4-215. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

Section 36-4-216. Insolvency and preference.

Section 36-4-301. Posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

Section 36-4-302. Payor bank's responsibility for late return of item.

Section 36-4-303. When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be changed or certified.

Section 36-4-401. When bank may charge customer's account.

Section 36-4-402. Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account.

Section 36-4-403. Customer's right to stop payment; burden of proof of loss.

Section 36-4-404. Bank not obliged to pay check more than six months old.

Section 36-4-405. Death or incompetence of a customer.

Section 36-4-406. Customer's duty to discover and report unauthorized signature or alteration.

Section 36-4-407. Payor bank's right to subrogation on improper payment.

Section 36-4-501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

Section 36-4-502. Presentment of "on arrival" drafts.

Section 36-4-503. Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

Section 36-4-504. Privilege of presenting bank to deal with goods; security interest for expenses.