South Carolina § 36-2-104 - Definitions: "Merchant"; "between merchants"; "financing agency".
Full text of South Carolina South Carolina Code of Laws § 36-2-104 — Definitions: "Merchant"; "between merchants"; "financing agency"., with citation guidance and answers to common questions.
§ 36-2-104. Definitions: "Merchant"; "between merchants"; "financing agency".
(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Section 36-2-707).
(3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
HISTORY: 1962 Code SECTION 10.2-104; 1966 (54) 2716; 2014 Act No. 213 (S.343), SECTION 5, eff October 1, 2014.
Editor's Note
2014 Act No. 213, SECTION 51, provides as follows:
"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."
Effect of Amendment
2014 Act No. 213, SECTION 5, in subsection (2), inserted "or are associated with" at the end of the first sentence.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 36-2-104
What does South Carolina Code of Laws § 36-2-104 cover?
Section 36-2-104 ("Definitions: "Merchant"; "between merchants"; "financing agency".") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 36-2-104?
A common citation format is "South Carolina Code of Laws § 36-2-104" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 36-2-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.