South Carolina Code of Laws
Chapter 8 - Commercial Code - Investment Securities
Section 36-8-104. Acquisition of security or financial asset or interest therein.

(a) A person acquires a security or an interest therein, under this chapter, if:
(1) the person is a purchaser to whom a security is delivered pursuant to Section 36-8-301; or
(2) the person acquires a security entitlement to the security pursuant to Section 36-8-501.
(b) A person acquires a financial asset, other than a security, or an interest therein, under this chapter, if the person acquires a security entitlement to the financial asset.
(c) A person who acquires a security entitlement to a security or other financial asset has the rights specified in Part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in Section 36-8-503.
(d) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule, or agreement to transfer, deliver, present, surrender, exchange, or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection (a) or (b).
HISTORY: 1962 Code Section 10.8-104; 1966 (54) 2716; 1991 Act No. 161, Section 1; 2001 Act No. 67, Section 5.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 36 - Commercial Code

Chapter 8 - Commercial Code - Investment Securities

Section 36-8-101. Short title.

Section 36-8-102. Definitions.

Section 36-8-103. Rules for determining whether certain obligations and interests are securities or financial assets.

Section 36-8-104. Acquisition of security or financial asset or interest therein.

Section 36-8-105. Notice of adverse claim.

Section 36-8-106. Control.

Section 36-8-107. Whether indorsement, instruction, or entitlement order is effective.

Section 36-8-108. Warranties in direct holding.

Section 36-8-109. Warranties in indirect holding.

Section 36-8-110. Applicability; choice of law.

Section 36-8-111. Clearing corporation rules.

Section 36-8-112. Creditor's legal process.

Section 36-8-113. Statute of frauds inapplicable.

Section 36-8-114. Evidentiary rules concerning certificated securities.

Section 36-8-115. Securities intermediary and others not liable to adverse claimant.

Section 36-8-116. Securities intermediary as purchaser for value.

Section 36-8-201. Issuer.

Section 36-8-202. Issuer's responsibility and defenses; notice of defect or defense.

Section 36-8-203. Staleness as notice of defect or defense.

Section 36-8-204. Effect of issuer's restriction on transfer.

Section 36-8-205. Effect of unauthorized signature on security certificate.

Section 36-8-206. Completion or alteration of security certificate.

Section 36-8-207. Rights and duties of issuer with respect to registered owners.

Section 36-8-208. Effect of signature of authenticating trustee, registrar, or transfer agent.

Section 36-8-209. Issuer's lien.

Section 36-8-210. Overissue.

Section 36-8-301. Delivery.

Section 36-8-302. Rights of purchaser.

Section 36-8-303. Protected purchaser.

Section 36-8-304. Indorsement.

Section 36-8-305. Instruction.

Section 36-8-306. Effect of guaranteeing signature, indorsement, or instruction.

Section 36-8-307. Registration of transfer of security; proof of authority to transfer.

Section 36-8-401. Duty of issuer to register transfer.

Section 36-8-402. Assurance that indorsement or instruction is effective.

Section 36-8-403. Demand that issuer not register transfer.

Section 36-8-404. Wrongful registration.

Section 36-8-405. Replacement of lost, destroyed, or wrongfully taken security certificate.

Section 36-8-406. Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate.

Section 36-8-407. Authenticating trustee, transfer agent, and registrar.

Section 36-8-501. Securities account; acquisition of security entitlement from securities intermediary.

Section 36-8-502. Assertion of adverse claim against entitlement holder.

Section 36-8-503. Property interest of entitlement holder in financial asset held by securities intermediary.

Section 36-8-504. Duty of securities intermediary to maintain financial asset.

Section 36-8-505. Duty of securities intermediary with respect to payments and distributions.

Section 36-8-506. Duty of securities intermediary to exercise rights as directed by entitlement holder.

Section 36-8-507. Duty of securities intermediary to comply with entitlement order.

Section 36-8-508. Duty of securities intermediary to change entitlement holder's position to other form of security holding.

Section 36-8-509. Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.

Section 36-8-510. Rights of purchaser of security entitlement from entitlement holder.

Section 36-8-511. Priority among security interests and entitlement holders.