(a) In this chapter:
(1) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.
(2) "Bank" means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this chapter.
(3) "Customer" means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.
(4) "Funds-transfer business day" of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.
(5) "Funds-transfer system" means a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.
(6) [Reserved].
(7) "Prove" with respect to a fact means to meet the burden of establishing the fact (Section 36-1-201(b)(8)).
(b) Other definitions applying to this chapter and the sections in which they appear are:
"Acceptance" Section 36-4A-209 "Beneficiary" Section 36-4A-103 "Beneficiary's bank" Section 36-4A-103 "Executed" Section 36-4A-301 "Execution date" Section 36-4A-301 "Funds transfer" Section 36-4A-104 "Funds-transfer system rule" Section 36-4A-501 "Intermediary bank" Section 36-4A-104 "Originator" Section 36-4A-104 "Originator's bank" Section 36-4A-104 "Payment by beneficiary's bank to beneficiary" Section 36-4A-405 "Payment by originator to beneficiary" Section 36-4A-406 "Payment by sender to receiving bank" Section 36-4A-403 "Payment date" Section 36-4A-401 "Payment order" Section 36-4A-103 "Receiving bank" Section 36-4A-103 "Security procedure" Section 36-4A-201 "Sender" Section 36-4A-103
(c) The following definitions in Chapter 4 apply to this chapter:
"Clearing house" Section 36-4-104 "Item" Section 36-4-104 "Suspends payments" Section 36-4-104
(d) In addition, Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
HISTORY: 1996 Act No. 221, Section 1; 2014 Act No. 213 (S.343), Section 27, eff October 1, 2014.
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."
Effect of Amendment
2014 Act No. 213, Section 27, reserved subsection (a)(6), which formerly defined "good faith"; and in subsection (a)(7), substituted "36-1-201(b)(8)" for "36-1-201(8)".
Structure South Carolina Code of Laws
Chapter 4A - Commercial Code - Funds Transfers
Section 36-4A-101. Short title.
Section 36-4A-102. Subject matter.
Section 36-4A-103. Payment order-Definitions.
Section 36-4A-104. Funds transfer-Definitions.
Section 36-4A-105. Other definitions.
Section 36-4A-106. Time payment order is received.
Section 36-4A-107. Federal reserve regulations and operating circulars.
Section 36-4A-108. Application of chapter.
Section 36-4A-201. Security procedure.
Section 36-4A-202. Authorized and verified payment orders.
Section 36-4A-203. Unenforceability of certain verified payment orders.
Section 36-4A-205. Erroneous payment orders.
Section 36-4A-207. Misdescription of beneficiary.
Section 36-4A-208. Misdescription of intermediary bank or beneficiary's bank.
Section 36-4A-209. Acceptance of payment order.
Section 36-4A-210. Rejection of payment order.
Section 36-4A-211. Cancellation and amendment of payment order.
Section 36-4A-212. Liability and duty of receiving bank regarding unaccepted payment order.
Section 36-4A-301. Execution and execution date.
Section 36-4A-302. Obligations of receiving bank in execution of payment order.
Section 36-4A-303. Erroneous execution of payment order.
Section 36-4A-304. Duty of sender to report erroneously executed payment order.
Section 36-4A-305. Liability for late or improper execution or failure to execute payment order.
Section 36-4A-401. Payment date.
Section 36-4A-402. Obligation of sender to pay receiving bank.
Section 36-4A-403. Payment by sender to receiving bank.
Section 36-4A-404. Obligation of beneficiary's bank to pay and give notice to beneficiary.
Section 36-4A-405. Payment by beneficiary's bank to beneficiary.
Section 36-4A-406. Payment by originator to beneficiary; discharge of underlying obligation.
Section 36-4A-501. Variation by agreement and effect of funds-transfer system rule.
Section 36-4A-502. Creditor process served on receiving bank; setoff by beneficiary's bank.
Section 36-4A-503. Injunction or restraining order with respect to funds transfer.
Section 36-4A-505. Preclusion of objection to debit of customer's account.