1. (a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State and also to another state or nation, the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties.
2. (b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), the Uniform Commercial Code applies to transactions bearing an appropriate relation to this State.

3. (c) If one of the following provisions of the Uniform Commercial Code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by law so specified:

   1. (1) Section 36-2-402;
   2. (2) Sections 36-2A-105 and 36-2A-106;
   3. (3) Section 36-4-102;
   4. (4) Section 36-4A-507;
   5. (5) Section 36-5-116;
   6. (6) Section 36-8-110;
   7. (7) Sections 36-9-301 through 36-9-307.

HISTORY: 1962 Code Section 10.1-105; 1966 (54) 2716; 1988 Act No. 494, Section 1; 1996 Act No. 221, Section 2; 2001 Act No. 67, Section 13; former 1976 Code Section 36-1-105; 2014 Act No. 213 (S.343), Section 1, eff October 1, 2014.

Editor's Note

"This act," referred to in this section, means Act No. 1965 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.

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."