§ 34-39-110 Short title
§ 34-39-120 Definitions
§ 34-39-130 Licensure requirements
§ 34-39-140 Applicability of chapter; exceptions
§ 34-39-150 Application for licensure
§ 34-39-160 Qualifications for licensure
§ 34-39-170 Restrictions on advancement of monies on security of check; posting of fees charged for deferred presentment services
§ 34-39-175 Deferred presentment transaction database
§ 34-39-180 Restrictions and requirements for deferred presentment or deposit of check
§ 34-39-190 Maintenance of books, accounts, and records; examination
§ 34-39-200 Limitations on activities by persons required to be licensed by chapter
§ 34-39-210 Suspension or revocation of license
§ 34-39-220 Orders to cease and desist violations of chapter; hearing
§ 34-39-230 Civil penalties; repayment of unlawful or excessive fees
§ 34-39-240 Wilful violations; referral for criminal prosecution
§ 34-39-250 Chapter not subject to other statutes governing imposition of interest, fees, loan charges, or extension of credit
§ 34-39-260 Promulgation of regulations
§ 34-39-270 Prohibited deferred presentment transactions; eligibility inquiries; notification of transactions
§ 34-39-280 Extended payment plans
§ 34-39-290 Annual report and meeting concerning data

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Terms Used In South Carolina Code > Title 34 > Chapter 39 - Deferred Presentment Services

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • bank: as used in this title must be construed to include all institutions doing any kind of banking business whose deposits are eligible for insurance by the Federal Deposit Insurance Corporation, excluding a savings bank, and "building and loan association" as used in this title must be construed to include a mutual or stock savings association, savings and loan association, or savings bank and all other institutions doing any kind of building and loan business whose deposits are eligible for insurance by the Federal Savings and Loan Insurance Corporation. See South Carolina Code 34-1-10
  • Board: means the State Board of Financial Institutions. See South Carolina Code 34-39-120
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Check: means a check signed by the maker and made payable to a person licensed pursuant to this chapter. See South Carolina Code 34-39-120
  • Concealable weapon: means a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property. See South Carolina Code 23-31-210
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deferred presentment services: means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:

    (a) accepting a check dated on the date it was written; and

    (b) holding the check for a period of time before presentment for payment or deposit. See South Carolina Code 34-39-120
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensee: means a person licensed to provide deferred presentment services pursuant to this chapter. See South Carolina Code 34-39-120
  • Location: means the entire space in which deferred presentment services are provided. See South Carolina Code 34-39-120
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, group of individuals, partnership, association, corporation, or other business unit or legal entity. See South Carolina Code 34-39-120
  • Personal property: All property that is not real property.
  • Picture identification: means :

    (a) a valid driver's license or photographic identification card issued by the state in which the applicant resides; or

    (b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. See South Carolina Code 23-31-210
  • Proof of training: means an original document or certified copy of the document supplied by an applicant that certifies that he is either:

    (a) a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. See South Carolina Code 23-31-210
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Qualified nonresident: means an individual who owns real property in South Carolina, but who resides in another state. See South Carolina Code 23-31-210
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident: means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders. See South Carolina Code 23-31-210
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.