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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 34-49-40: Permissible actions; good faith; business factors; legal compliance.

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Where this section sits in the code
  1. Title 34 - BANKING, FINANCIAL INSTITUTIONS AND MONEY
  2. CHAPTER 49 Guarantee Banking

It is not a violation of this chapter for a financial institution to take any of the following actions, provided that the action was made in good faith and not motivated by animus or a desire to discriminate in the provision of covered financial services against a person:

(1) a change in the terms of an account expressly agreed to by a customer;

(2) any action or forbearance relating to an account taken in connection with inactivity, default, or delinquency as to that account;

(3) a refusal to provide services because applicable federal or state law prohibits the covered financial institution from providing the service requested;

(4) a refusal to provide a service because the covered financial institution does not offer the type of service requested;

(5) a decision based solely on any of the following valid business factors, if made in an impartial manner and in good faith:

(a) maximizing profitability or shareholder value, provided this determination is not based on a desire to obtain a benefit or avoid a harm imposed by another person because the covered financial institution served a customer;

(b) complying with legitimate legal or regulatory requirements; or

(c) maintaining the safety and soundness of a covered financial institution or its employees.

Collected 2026-10-25T03:39:55Z. Source file · JSON

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