South Carolina Code of Laws
Chapter 8 - Commercial Code - Investment Securities
Section 36-8-112. Creditor's legal process.

(a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.
(b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d).
(c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor's securities account is maintained, except as otherwise provided in subsection (d).
(d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.
(e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.
HISTORY: 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.