South Carolina § 50-23-130 Transfer of ownership by operation of law; termination of ownership in accordance with security agreement.

South Carolina Statutes

§ 50-23-130 — Transfer of ownership by operation of law; termination of ownership in accordance with security agreement.

South Carolina § 50-23-130

Title 50FISH, GAME AND WATERCRAFT

Ch. 23WATERCRAFT AND OUTBOARD MOTORS

This text of South Carolina § 50-23-130 (Transfer of ownership by operation of law; termination of ownership in accordance with security agreement.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 50-23-130 (2026).

Text

(a)If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, Transfer on Death, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the department the last certificate of title, if available, or the manufacturer's or importer's statement of origin or, if that is not possible, satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department.

(b)If the ownersh

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(a) If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, Transfer on Death, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the department the last certificate of title, if available, or the manufacturer's or importer's statement of origin or, if that is not possible, satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department. (b) If the ownership of a watercraft or outboard motor is terminated in accordance with the terms of a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, his application for a new title accompanied by the required fee and upon the form or forms prescribed and furnished by the department, and an affidavit by the lienholder or his authorized representative, setting forth the facts entitling him to possession and ownership of the watercraft or outboard motor, together with a copy of the journal entry, court order or instrument upon which such claim of possession and ownership is founded. If the lienholder cannot produce such proof of ownership, he may submit such evidence as he has with his application to the department, and the department may, if it finds the evidence to be satisfactory proof of ownership, issue a new certificate of title. (c) If a lienholder succeeds to the interest of an owner in a watercraft or outboard motor by operation of law and holds such watercraft or outboard motor for resale, he need not secure a new certificate of title thereto but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and such other documents as the department may require.

Legislative History

HISTORY: 1962 Code SECTION 70-295.113; 1971 (57) 915; 1993 Act No. 181, SECTION 1270; 2008 Act No. 344, SECTION 14, eff six months after approval (approved June 11, 2008); 2024 Act No. 200 (H.4234), SECTION 26, eff July 1, 2025. Editor's Note 2024 Act No. 200, SECTION 30, provides as follows: "SECTION 30. SECTIONS 1-21 of this act take effect upon approval by the Governor and their provisions shall apply to all applicable actions, proceedings, and matters filed on and after the effective date; SECTIONS 22-29 of this act take effect on July 1, 2025." Effect of Amendment The 2008 amendment, in subsection (a), substituted "certificate of origin" for "certificate". 2024 Act No. 200, SECTION 26, in (a), inserted "Transfer on Death,".