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(ii) July 1, 1992, and December 31, 1992, which end in an odd number must be issued for one year. At the end of this time the license must be renewed for two years and biennially after that time;

(iii) January 1, 1993, and June 30, 1993, which end in an even number must be issued for one year. At the end of that time the license must be renewed for two years and biennially after that time;

(iv) January 1, 1993, and June 30, 1993, which end in an odd number must be issued biennially;

(v) July 1, 1992, and June 30, 1993, and are issued license numbers which end in `A' through `L' shall obtain a biennial registration;

(vi) July 1, 1992, and June 30, 1993, and which end in `M' through `Z' must be issued for one year and renewed biennially after that time.

(2) Registrations are valid until the last day of the month in which the registration expires. The license fees charged during the conversion process must be prorated for the length of the license issued.

(B) After June 30, 1993, all licensees must be registered and licensed for twenty-four consecutive months, and registrations expire on the last day of the twenty-fourth month. The registration and licensing of every licensee must be renewed biennially upon application by the holder and by payment of fees required by law to take effect on the first day of the month following the expiration of the registration and licensing to be renewed. This section does not prevent the Secretary of State's Attorney General's office from refusing to issue a license."

SECTION 439. Section 36-9-401 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"Section 36-9-401. (1) The proper place to file in order to perfect a security interest is as follows:

(a) when the collateral is equipment used in farming operations, or farm products, or accounts or general intangibles arising from or relating to the sale of farm products by a farmer, or consumer goods, then in the office of the register of mesne conveyances or the clerk of court in the county of the debtor's residence or if the debtor is not a resident of this State then in the office of the register of mesne conveyances or the clerk of court in the county where the goods are kept, and in addition when the collateral is crops growing or to be grown in the office of the register of mesne conveyances or the clerk of court in the county where the land is located;

(c) in all other cases, in the office of the Secretary of State Department of Commerce.

(2) A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this chapter and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of the financing statement.

(3) A filing which is made in the proper place in this State continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed.

(4) The rules stated in Section 36-9-103 determine whether filing is necessary in this State.

(5) Notwithstanding the preceding subsections, and subject to subsection (3) of Section 36-9-302, the proper place to file in order to perfect a security interest in collateral including fixtures of a transmitting utility is the office of the Secretary of State Department of Commerce. This filing constitutes a fixture filing (Section 36-9-313) as to the collateral described which is or is to become fixtures.

(6) For the purposes of this section, the residence of an organization is its place of business if it has one or its chief executive office if it has more than one place of business."

SECTION 440. Section 36-9-403(5) of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement or for a continuation statement is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case, if the financing statement is subject to subsection (5) of Section 36-9-402, two dollars. The uniform fee for each name more than one required to be indexed is two dollars. The secured party may at his option show a trade name for any person and an extra uniform indexing fee of two dollars must be paid with respect thereto."

"(3) If the termination statement is in the standard form prescribed by the Secretary of State Department of Commerce, the uniform fee for filing and indexing the termination statement is eight dollars, and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the termination statement is required to be indexed."

SECTION 442. Section 36-9-405 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"Section 36-9-405. (1) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy of the assignment on the face or back of the statement. On presentation to the filing officer of the financing statement, the filing officer shall mark the financing statement as provided in Section 36-9-403(4). The uniform fee for filing, indexing, and furnishing filing data for a financing statement so indicating an assignment is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the financing statement is required to be indexed.

(2) A secured party of record may assign all or part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number, and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of a separate statement, the filing officer shall mark the separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection (5) of Section 36-9-103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this State provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee

(3) After the disclosure or filing of an assignment under this section, the assignee is the secured party of record."

SECTION 443. Section 36-9-406 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"Section 36-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Section 36-9-405, including payment of the required fee. Upon presentation of a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting a statement of release is eight dollars if the statement is in the standard form prescribed by the Secretary of State Department of Commerce and otherwise is ten dollars, plus in each case an additional fee of two dollars for each name more than one against which the statement of release is required to be indexed."

SECTION 444. Section 36-9-407 of the 1976 Code, as last amended by Act 494 of 1988, is further amended to read:

"Section 36-9-407. (1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy of the statement, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to the person.

(2) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated in

SECTION 445. Section 37-1-203 of the 1976 Code is amended to read:

"Section 37-1-203. (1) Subject to constitutional and statutory jurisdictional limitations the courts of this State may exercise jurisdiction over any creditor with respect to any conduct in this State governed by this title or with respect to any claim arising from a transaction subject to this title. In addition to any other method provided by statute, personal jurisdiction over a creditor may be acquired in a civil action or proceeding instituted in a court by the service of process in the manner provided by this section.

(2) If a creditor is not a resident of this State or is a corporation not authorized to do business in this State and engages in any conduct in this State governed by this title, or engages in a transaction subject to this title, he may designate an agent upon whom service of process may be made in this State. The agent shall be a resident of this State or a corporation authorized to do business in this State. The designation shall be in writing and filed with the Secretary of State Department of Commerce. If no designation is made and filed or if process cannot be served in this State upon the designated agent, process may be served upon the Secretary of State Department of Commerce, but service upon him is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows."

SECTION 446. Section 37-6-405 of the 1976 Code is amended to read:

"Section 37-6-405. (1) The Administrator shall file in the office of the Secretary of State Department of Consumer Affairs a certified copy of

(2) Each rule hereafter adopted is effective twenty days after filing, except that, if a later date is specified in the rule, the later date is the effective date."

SECTION 447. Section 37-6-406 of the 1976 Code is amended to read:

"Section 37-6-406. (1) The Secretary of State Department of Consumer Affairs shall compile, index, and publish all effective rules adopted by the Administrator. Compilations shall be supplemented or revised as often as necessary.

(2) Compilations shall be made available upon request to agencies and officials of this State free of charge and to other persons at prices fixed by the Secretary of State Department of Consumer Affairs to cover mailing and publication costs."

SECTION 448. Section 37-6-502 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 37-6-502. The Commission on Consumer Affairs shall be composed of nine members, one of whom shall be the Secretary of State Lieutenant Governor as an ex officio member; four members shall be appointed by the Governor with advice and consent of the Senate and the remaining four members shall be elected by the General Assembly. Members of the Commission shall elect a Chairman. Terms of the members shall be four years unless otherwise stipulated in this section, and upon the expiration of the terms, the Governor shall appoint a member and the General Assembly shall elect one member respectively. With the exception of the ex officio member, any vacancy in the office of a member shall be filled by the Governor by appointment for the unexpired term. Members of the Commission shall be eligible for reappointment. No person associated with any businesses regulated by the Commission on Consumer Affairs shall be eligible to serve on the Commission as defined by Section 8-13-20 of the Code of Laws of South Carolina."

SECTION 449. Section 38-3-80 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-3-80. The department shall have a seal with a suitable inscription, an impression of which must be filed with the Secretary of State."

SECTION 450. Section 38-5-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

SECTION 451. Section 38-25-510 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-25-510. (a) Any act of transacting an insurance business as set forth in Section 38-25-110 by an unauthorized insurer is equivalent to and constitutes an irrevocable appointment by the insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Secretary of State Attorney General or his successor in office to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the director or his designee or by the state and upon whom may be served any notice, order, pleading, or process in any proceeding before the director or his designee and which arises out of transacting an insurance business in this State by the insurer. Any act of transacting an insurance business in this State by an unauthorized insurer is signification of its agreement that any lawful process in the court action, suit, or proceeding and any notice, order, pleading, or process in the administrative proceeding before the director or his designee so served is of the same legal force and validity as personal service of process in this State upon the insurer.

(b) Service of process in the action must be made by delivering to and leaving with the Secretary of State Attorney General, or some person in apparent charge of his office, two copies thereof and by payment to the Secretary of State Attorney General of the fee prescribed by law. Service upon the Secretary of State as attorney is service upon the principal.

(c) The Secretary of State Attorney General shall immediately forward by certified mail one of the copies of the process or the notice, order, pleading, or process in proceedings before the director or his designee to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. The service is sufficient if:

(1) Notice of the service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within ten days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the director or his designee in the administrative proceeding to the defendant in the court

(2) The defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in a court proceeding or of the director or his designee in an administrative proceeding, showing compliance therewith, are filed with the clerk of court in which the action, suit, or proceeding is pending or with the director or his designee in administrative proceedings, by the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within any further time as the court or director or his designee may allow.

(d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the director or his designee is served under this section until the expiration of thirty days from the date of filing of the affidavit of compliance.

(e) Nothing in this section limits or affects the right to serve any process, notice, order, or demand upon any person or insurer in any other manner permitted by law."

SECTION 452. Section 38-87-110 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 38-87-110. (A) The director or his designee is authorized to use any power established under this title to enforce the insurance laws of this State not specifically preempted by the Liability Risk Retention Act of 1986, including, but without limitation, the administrative authority of the director or his designee to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose monetary penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the director or his designee may rely on the procedural laws of this State.

(B) Whenever the director or his designee determines that any person, risk retention group, purchasing group, or insurer of a purchasing group has violated, is violating, or is about to violate any provision of this chapter or any other insurance law of this State applicable to such person or entity, or has failed to comply with a lawful order of his, he may, in addition to any other lawful remedies or penalties, cause a complaint to be

SECTION 453. Section 39-3-160 of the 1976 Code is amended to read:

"Section 39-3-160. Any corporation created or organized by or under the laws of this State which shall violate any of the provisions of this article shall forfeit its corporate rights and franchises and its corporate existence shall, upon the proper proof being made thereof in any court of competent jurisdiction in the State, be by the court declared forfeited, void and of none effect and shall thereupon cease and determine. The clerk of such court shall certify the decree thereof to the Secretary of State Department of Commerce."

SECTION 454. Section 39-3-170 of the 1976 Code is amended to read:

"Section 39-3-170. Any corporation created or organized by or under the law of any other state or country which shall violate any of the provisions of this article shall thereby forfeit its right and privilege thereafter to do any business in this State and upon proper proof being made thereof in any court of competent jurisdiction in this State its rights and privileges to do business in this State shall be declared forfeited. In all proceedings to have such forfeiture declared, proof that any person who has been acting as agent of such foreign corporation in transacting its business in this State has been, while acting as such agent and in the name, behalf or interest of such foreign corporation, violating any provisions of this article shall be received as prima facie proof of the fact of the act of the corporation itself; and it shall be the duty of the clerk of such court to certify the decree thereof to the Secretary of State Department of Commerce."

SECTION 455. Section 39-15-420 of the 1976 Code is amended to read:

SECTION 456. Section 39-15-430 of the 1976 Code is amended to read:

"Section 39-15-430. Such application for filing and recording shall be accompanied by a fee of two dollars and thereupon, if consistent with the provisions of this article, the Secretary of State Department of Commerce shall issue to the person applying for registration and recordation of such mark or brand a certificate of such recordation and of the registered number assigned thereto and thereafter he shall issue such certificates, in any number, to any person applying therefor, upon the payment of a fee of one dollar for each certificate so issued. Any such certificate shall, in all proceedings in all the courts of this State, be taken and held as proof of the adoption and recordation of such identifying mark or brand."

SECTION 457. Section 39-15-440 of the 1976 Code is amended to read:

"Section 39-15-440. The owner of any such registered mark or brand may transfer, release or sell it by an instrument in writing evidencing such transfer, release or sale and, upon application to the Secretary of State Department of Commerce when such mark or brand is registered for the recordation of such instrument in writing and upon the filing of it with the

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