South Carolina Code of Laws
Chapter 39 - Pawnbrokers
Section 40-39-70. Recordkeeping; identity verifications; only owners or their agents may pawn or sell.

(A) A pawnbroker shall keep a record, at the time of any loan or purchase, containing:
(1) an account, description, and digital photograph of the goods, articles, or things pawned, pledged, or purchased;
(2) the amount of money loaned thereon;
(3) the time of pledging them;
(4) the charges or the rate of interest to be paid on the loan; and
(5) the name and residence of the person selling, pawning, or pledging the goods, articles, or things.
(B) Before a pledge or purchase, the pawnbroker shall verify the identity of the pledgor or seller by reviewing a state-issued or federally issued photographic identification card, including a United States military identification card, or a passport issued by the United States.
(C) A pawn or purchase transaction must be performed by the owner of the property, or his authorized agent, whose identity and agency relationship must be verified by the pawnbroker.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 9, eff June 9, 2016; 2018 Act No. 191 (S.810), Section 1, eff August 15, 2018.

Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1751; Civ. C. '12 Section 2627; Civ. C. '22 Section 3948; 1932 Code Section 7132; 1942 Code Section 7132; 1952 Code Section 56-1157; 1962 Code Section 56-1157; 1962 (52) 1959.
Effect of Amendment
2016 Act No. 262, Section 9, inserted paragraph designator (A); in (A), inserted "or purchase", and inserted "selling"; and added (B) and (C), relating to identity verification and transaction performance requirements.
2018 Act No. 191, Section 1, amended (A), requiring pawnbrokers to keep digital photographs of goods, articles, or things pawned.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 40 - Professions and Occupations

Chapter 39 - Pawnbrokers

Section 40-39-10. Definitions.

Section 40-39-20. Department of Consumer Affairs to regulate pawnbrokers; certificate of authority to operate pawnbroker business; background checks; persons ineligible for certificate of authority.

Section 40-39-30. Certificate of authority required for each business location; penalties; location of retained pledged goods; posting of operation hours.

Section 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.

Section 40-39-50. Bonding and insurance requirements; notice of potential threats to pawned goods.

Section 40-39-55. Periodic dollar amount adjustments.

Section 40-39-60. Actions on bond.

Section 40-39-70. Recordkeeping; identity verifications; only owners or their agents may pawn or sell.

Section 40-39-80. Pawn tickets; content requirements; executions; special circumstances.

Section 40-39-90. Recordkeeping; electronic transfers; database.

Section 40-39-100. Charges on loans.

Section 40-39-110. Vesting of title to pledged property.

Section 40-39-120. Certificate of authority renewals; penalties for noncompliance; limited operations after lapses.

Section 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.

Section 40-39-140. Third-party ownership of pledge and sold property; returns; pawnbroker remedies and liability exemption.

Section 40-39-145. Hold orders.

Section 40-39-150. Administrative orders; penalties.

Section 40-39-155. Contested case hearings.

Section 40-39-160. Violations of Sections 40-39-80, 40-39-90, 40-39-100, 40-39-110, and 40-39-130; pledgor's cause of action against pawnbroker.