South Carolina Administrative Code

111-57. Appeal of Agency Action. A Lessor may appeal an ORS Final Decision with the Administrative Law Court. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-58. Cooperation with Other Agencies. In addition to the powers and responsibilities relating to consumer protection, ORS will cooperate with and assist all federal, state, and local agencies performing consumer protection functions in carrying out their legal enforcement resp…

111-60. Penalty. Subsequent to the conclusion of an investigation by ORS and upon being found non-compliant with applicable regulations and statute, ORS may issue a penalty according to the provisions in these regulations. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 20…

111-61. Violations of Time Requirements. ORS may specify the time within which a violation is required to be corrected. When a specific time is designated for correction, each day such violation exists after expiration of the time established by ORS shall be considered a subseque…

111-62. Voiding of Lease Agreement. ORS may void a Lease Agreement between a Lessor and Lessee when: A. The Lease Agreement executed does not meet the requirements for Lessor certification in these regulations. B. The Lessor fails to provide a copy of an executed Lease Agreement …

111-63. Monetary Fines and Penalties. A. Administrative Fine. An entity may be assessed an administrative fine. The administrative fine may not exceed two thousand five hundred dollars per violation. B. Civil Penalty levied against Lessors. An entity that is subject to S.C. Code …

111-64. Suspension of Operations. ORS may suspend the certificate and require the Lessor to immediately cease and desist from engaging in business as a Lessor in this State until the violation is resolved. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-65. Revocation of Certificate. ORS may petition the Administrative Law Court to revoke a Certificate issued pursuant to S.C. Code Ann. 58-27-2600 et seq. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-66. Cumulative Regulation. The provisions of Subarticle 6 of this regulation are cumulative of and in addition to any other action at law and any other action taken by ORS pursuant to Title 58. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

112-100. Operations Manual of the South Carolina Human Services Demonstration Project. (Statutory Authority: 1976 Code §§ 1-25-10 to 1-25-120) The Operations Manual of the South Carolina Human Services Demonstration Project (York) is hereby adopted as the official guide for the o…

113-1. Repealed. HISTORY: Former Regulation, titled Agents Registered with Only One Broker-Dealer or Issuer at One Time, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-10. Repealed. HISTORY: Former Regulation, titled Financial Statements Used in a Prospectus, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-11. Repealed. HISTORY: Former Regulation, titled Options or Warrants, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-12. Repealed. HISTORY: Former Regulation, titled Underwriting Expenses and Commissions, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-13. Repealed. HISTORY: Former Regulation, titled Pre-Incorporation Stock Subscriptions, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-14. Repealed. HISTORY: Former Regulation, titled Form and Minimum Provisions for Debt Securities, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-15. Repealed. HISTORY: Former Regulation, titled Expenses and Fees Payable by Investment Companies, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-16. Repealed. HISTORY: Former Regulation, titled Approved Securities Exchanges, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-17. Repealed. HISTORY: Former Regulation, titled Recognized Securities Manuals, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-18. Repealed. HISTORY: Former Regulation, titled Securities of Nonprofit Organizations, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-19. Repealed. HISTORY: Former Regulation, titled Examination Fees to Accompany Filing of Prospectus or Offering Circular, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-2. Repealed. HISTORY: Former Regulation, titled Sales Permits and Examinations for Principals, Partners, Officers and Directors of Broker-Dealer and Issuers, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-20. Repealed. HISTORY: Former Regulation, titled Fees to Accompany a Request for Confirmation of the Availability of An Exemption or Exception, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-200. Municipal Incorporations A. Certification of Population Density. The incorporators of any proposed municipality must provide to the South Carolina Secretary of State a certification by the Research and Statistical Services Division of the South Carolina Budget and Contro…

113-21. Repealed. HISTORY: Former Regulation, titled Exemption Pursuant to Regulation D and Section 35-1-320(9), had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-22. Repealed. HISTORY: Former Regulation, titled Limited Offering Exemption to Ten or Less Persons, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-23. Repealed. HISTORY: Former Regulation, titled Dishonest or Unethical Practices by Investment Advisers and Investment Adviser Representatives, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Vol…

113-24. Repealed. HISTORY: Former Regulation, titled Custody of Client Funds or Securities by Investment Advisers, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649…

113-25. Repealed. HISTORY: Former Regulation, titled Dishonest or Unethical Practices by Broker-Dealers and Agents, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Volume 41, Issue No. 5, Doc. No. 464…

113-26. Repealed. HISTORY: Former Regulation, titled Financial Reporting Requirements for Certain Investment Advisers, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Volume 41, Issue No. 5, Doc. No. …

113-3. Repealed. HISTORY: Former Regulation, titled Examinations for Securities Agents, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-300. Definitions. A. ‘‘ACH’’ (automated clearing house) means a network processing and delivery system that provides for the distribution and settlement of electronic credits and debits among financial institu- tions. B. ‘‘Authentication’’ means the act of tying an action or …

113-305. General Provisions. In accordance with the provisions of the Uniform Real Property Electronic Recording Act, the URPERA Committee adopted the electronic recording standards issued by PRIA as the foundation for the standards promulgated as rule under Regulations 113-300 t…

113-310. Electronic Recording Models For registers that elect to offer electronic recording, authorized filers shall submit real property records for electronic filing and recordation utilizing one of three methods described below as allowed by the individual recorder. The method…

113-315. Memorandum of Understanding. A filer shall apply to a participating register to be enrolled in the participating register’s electronic filing and recording program. A. The authorized filer and a participating register shall enter into a memorandum of understand- ing (MOU…

113-320. Document and System Security Requirements. Security procedures shall be implemented to ensure the authenticity and integrity of the electronical- ly filed instrument, including the ability to verify the identity of the filer, as well as the ability to verify that an inst…

113-325. Electronic Transmissions. A. Instruments shall be transmitted through either a secured website or an electronic recording delivery system. The method of transmission shall be identified in the MOU signed by the authorized filer and the register. B. An authorized filer sh…

113-330. Electronic Recording Process Requirements. A. An MOU between a participating register and an authorized filer shall include information required by the participating register in order to provide electronic notice of confirmation or rejection of an electronic filing and s…

113-335. Document Formats A. Authorized filers may elect to transmit either a digitized (scanned) electronic document of an original ink signed instrument or an electronic document electronically signed and notarized along with electronic indexing information to the register. B. …

113-340. Document and Indexing Requirements. Electronic recording delivery systems implemented by registers shall have the capacity at a minimum to process documents that are compatible with indexing requirements established by PRIA for file formatting and indexing. A. The PRIA e…

113-345. Payment of Filing Fees. Payment of recording fees shall be collected by a register as prescribed by statute. The register shall provide an electronic or other written receipt to the authorized filer indicating that the payment for the recordation of the electronic instru…

113-350. Preservation. Real property records in the custody of the register are permanent records and must be preserved. The preservation of electronic real property records requires consistent and complex management in order to maintain authenticity and integrity. Electronic rec…

113-4. Repealed. HISTORY: Former Regulation, titled Provisions Applicable in General to Securities Examinations, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-400. Registration. A. A notary public shall register to perform electronic notarial acts with the Secretary of State before performing notarial acts electronically. B. The term of registration as an electronic notary shall coincide with the term of the notary’s commission pur…

113-410. Application for Registration as an Electronic Notary. A. A notary public must submit the application for registration electronically with the Secretary of State. This electronic application shall include: (1) The notary’s full legal name and the name under which the nota…

113-420. Course of Instruction. A. Before each registration to perform electronic notarial acts, a notary public shall complete a course of instruction approved by the Secretary of State, and pass an examination of this course. B. The Secretary of State, or his designee, will adm…

113-430. Electronic Notary Signature and Electronic Notary Seal. A. An electronic notary signature must meet all of the following requirements. (1) The electronic notary signature shall be independently verifiable and unique to the electronic notary; (2) The electronic notary sig…