South Carolina 2025-2026 Regular Session

South Carolina House Bill H3454

Introduced
1/14/25  

Caption

UCC

Impact

The implications of HB 3454 on South Carolina law are significant, particularly in the context of the Uniform Commercial Code (UCC). By officially incorporating electronic provisions and addressing hybrid transactions that involve both goods and services, the bill ensures that the state's legal framework remains relevant in an increasingly digital economy. These amendments are expected to facilitate smoother transactions for businesses and consumers alike by providing clearer guidance on legal standards surrounding electronic documents and payments.

Summary

House Bill 3454 aims to amend various sections of the South Carolina Code of Laws to update definitions and clarify legal concepts pertaining to electronic transactions and hybrid transactions. The bill proposes to expand the scope of existing laws to include new definitions for terms like 'hybrid transaction' and 'hybrid lease', as well as modifying established definitions related to negotiable instruments and delivery standards. This reflects a growing recognition of the complexities introduced by digital transactions and the need for adaptability in legal language.

Sentiment

General discussions around the bill indicate a supportive sentiment among businesses and legal practitioners who see the updates as necessary for modernizing South Carolina’s commercial laws. Advocates argue that the clarity offered by these amendments will improve legal certainty for electronic transactions and reduce potential disputes. Conversely, some have raised concerns that changes might further complicate enforcement regulations or disproportionately favor larger businesses that are better equipped to navigate these complexities.

Contention

Notable points of contention within the legislative discussion include the potential difficulty in enforcing the new definitions and rules across various sectors, as well as the fear that small businesses may struggle with compliance due to the additional complexities introduced. There is apprehension regarding the balance of ensuring consumer protections while allowing businesses to leverage the benefits of electronic transactions. Stakeholders call for further dialogue to address these concerns, ensuring a comprehensive understanding of the proposed legal shifts.

Companion Bills

No companion bills found.

Similar Bills

SD HB1163

Amend provisions of the Uniform Commercial Code.

ND HB1082

The adoption of the Uniform Commercial Code amendments (2022).

SD HB1193

Amend provisions of the Uniform Commercial Code.

HI SB352

Relating To The Uniform Commercial Code.

HI SB352

Relating To The Uniform Commercial Code.

HI HB525

Relating To The Uniform Commercial Code.

AL HB348

Relating to the Uniform Commercial Code; to add Article 12 to the Uniform Commercial Code to govern the property rights of certain intangible digital assets (controllable electronic records), including electronic rights to payment, to provide for a manner to establish the transfer and control of those assets, to provide a mechanism for evidencing certain rights of payment, and to adopt special rules with regard to the payment obligations and conditions of discharge of account debtors on controllable accounts and controllable payment intangibles; to amend Sections 7-1-201, 7-1-204, 7-1-301, 7-1-306, 7-2-102, 7-2-106, 7-2-201, 7-2-202, 7-2-203, 7-2-205, 7-2-209, 7-2A-102, 7-2A-103, 7-2A-107, 7-2A-201, 7-2A-202, 7-2A-203, 7-2A-205, 7-2A-208, 7-3-104, 7-3-105, 7-3-401, 7-3-604, 7-4A-103, 7-4A-201, 7-4A-202, 7-4A-203, 7-4A-207, 7-4A-208, 7-4A-210, 7-4A-211, 7-4A-305, 7-5-104, 7-5-116, 7-7-102, 7-7-106, 7-8-102, 7-8-103, 7-8-106, 7-8-110, 7-8-303, 7-9A-102, 7-9A-104, 7-9A-105, 7-9A-203, 7-9A-204, 7-9A-207, 7-9A-208, 7-9A-209, 7-9A-210, 7-9A-301, 7-9A-304, 7-9A-305, 7-9A-310, 7-9A-312, 7-9A-313, 7-9A-314, 7-9A-316, 7-9A-317, 7-9A-323, 7-9A-324, 7-9A-330, 7-9A-331, 7-9A-332, 7-9A-334, 7-9A-341, 7-9A-404, 7-9A-406, 7-9A-408, 7-9A-509, 7-9A-513, 7-9A-601, 7-9A-605, 7-9A-608, 7-9A-611, 7-9A-613, 7-9A-614, 7-9A-615, 7-9A-616, 7-9A-619, 7-9A-620, 7-9A-621, 7-9A-624, and 7-9A-628, Code of Alabama 1975, and to add Sections 7-9A-107A, 7-9A-107B, 7-9A-306A, 7-9A-306B, 7-9A-314A, and 7-9A-326A to the Code of Alabama 1975, to provide a substantial revision to the Uniform Commercial Code in conformity with a substantial portion of the Uniform Commercial Code Amendments (2022), to clarify the meaning of the term chattel paper and other definitions, to define and provide for hybrid transactions, and to provide extensive amendments to the Uniform Commercial Code providing for the perfection of security interests in controllable electronic records, documents of title, chattel paper, and other assets; and to add Article 12A to the Uniform Commercial Code to provide transitional provisions for the Uniform Commercial Code Amendments (2022).

TX SB2075

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.