S.C. Code Ann. § 36-8-315 – Action against transferee based upon wrongful transfer | Midpage
§ 36-8-315
S.C. Code Ann. § 36-8-315
Action against transferee based upon wrongful transfer
(1) Any person against whom the transfer of a security is wrongful for any reason, including his incapacity, as against anyone except a bona fide purchaser, may:
(a) reclaim possession of the certificated security wrongfully transferred;
(b) obtain possession of any new certificated security representing all or part of the same rights;
(c) compel the origination of an instruction to transfer to him or a person designated by him an uncertificated security constituting all or part of the same rights; or
(d) have damages.
(2) If the transfer is wrongful because of an unauthorized indorsement of a certificated security, the owner may also reclaim or obtain possession of the security or a new certificated security, even from a bona fide purchaser, if the ineffectiveness of the purported indorsement can be asserted against him under the provisions of this chapter on unauthorized indorsements (Section 36-8-311).
(3) The right to obtain or reclaim possession of a certificated security or to compel the origination of a transfer instruction may be specifically enforced and the transfer of a certificated or uncertificated security enjoined and a certificated security impounded pending the litigation.