South Carolina Statutes

§ 36-9-110 — Security interests arising under Chapter 2.

South Carolina·Title 36 COMMERCIAL CODE·Ch. 9 COMMERCIAL CODE—SECURED TRANSACTIONS

A security interest arising under Section 36-2-401, 36-2-505, 36-2-711(3), or 36-2A-508(5) is subject to this chapter. However, until the debtor obtains possession of the goods:

(1)the security interest is enforceable, even if Section 36-9-203(b)(3) has not been satisfied;
(2)filing is not required to perfect the security interest;
(3)the rights of the secured party after default by the debtor are governed by Chapter 2 or 2A; and (4) the security interest has priority over a conflicting security interest created by the debtor.

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Legislative History

HISTORY: 1962 Code SECTION 10.9-110; 1966 (54) 2716; 1988 Act No. 494, SECTION 5; 2001 Act No. 67, SECTION 12.

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