South Carolina - U.S. Notary Reference

Last Update: January 9, 2024

Notary Jurisdiction

Statewide (SCC 26-1-80).

Notary Term Length

Ten years (SCC 26-1-10).

Notary Bond

Not required.

Notary Seal

Required, but the failure to use a seal will not affect the validity of the notarial act (SCC 26-1-60).

Notary Journal

Required only for in-person electronic notarial acts (SCC 26-2-90).

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Commissioning Official

Though South Carolina’s Notaries are appointed by the Governor, it is the office of the Secretary of State that commissions, regulates and maintains records on them (SCC 26-1-10). A certified copy of each Notary’s oath of office must be recorded in the office of the Secretary (SCC 26-1-40).

Contact Information

1. Address: Office of Secretary of State
   Notary Public Division
   1205 Pendleton Street, Suite 525
   Columbia, SC 29201

2. Phone: 803-734-2512

3. Website: https://sos.sc.gov/services-and-filings/notaries

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the South Carolina Code of Laws (SCC) Title 26, Chapter 1, “Notaries Public”; and Title 26, Chapter 3, “Uniform Recognition of Acknowledgments Act.”

2. Regulations: Administrative regulations on electronic notarization are in the South Carolina Code of Regulations (SCCR), Chapter 113, Article, “Electronic Notaries Public.”

3. Guidelines: Other directives for Notaries are in the Secretary of State’s “Notary Public Online Manual” (2023) (NPOM), which is downloadable on the website.

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Commission Process

1. Qualifications: An applicant for a commission as a South Carolina Notary Public must be a registered voter in South Carolina, be able to read and write the English language and submit an application with no significant misstatement or omission of fact (SCC 26-1-15).

2. Course: Not required. However, as a public service, the Secretary of State’s office regularly conducts Notary seminars around the state, and registration is done through the Secretary’s website. In his introduction to the “Notary Public Online Manual,” the Secretary stresses that, “once commissioned as a notary public, it is the responsibility of the notary public to maintain a level of education appropriate for conducting notarial duties. I encourage you to attend workshops on a yearly basis to remain informed on current issues affecting notaries in order to assist you in performing your duties correctly.”

3. Exam: Not required.

4. Application: The “Application/Renewal for Notary Public” form may be downloaded from the Secretary of State’s website. The top portion of the application for a Notary commission must be completed and its oath then signed in the presence of a Notary who is not the applicant (SCC 26-1-15[3]). It must include the applicant’s voter registration number, which may be obtained from the local county voter registration office or the state election commission. Next, the application must be mailed to the office of the local county legislative delegation, addresses for which are listed on the “Notary Public Application and Renewal Instructions.”
   The application then must be endorsed by at least one-half of the delegates to the state legislature from the applicant’s county, or by the state senator and representative from the district in which the applicant resides (SCC 26-1-20), or by the chairman or secretary of the county legislative delegation signing on a local legislator’s behalf (SCC 26-1-25). (If this is not possible, it must be forwarded to the South Carolina House of Representatives, P.O. Box 11867, Columbia SC 29211-1867; Phone: (803) 734-2010.)
   A $25 commissioning fee in the form of a check or money order payable to “SC Secretary of State” must be attached to the application (SCC 26-1-30). The county delegation office will then forward the endorsed application and the fee to the Secretary of State’s office, which will mail out the commission certificate to any qualifying applicant within a week, with a total processing time of two to twelve weeks, depending on the applicant’s county of residence.
   The commission certificate will be sent to the new Notary, who has 15 days to enroll it with the clerk of court in the county where he or she lives (SCC 26-1-50). The county recording fee is $10 (SCC 8-21-310[B][10]).

5. Background Screening: Not required.

6. Nonresidents: Persons who do not reside in South Carolina may not become a Notary in the state. (However, residents of South Carolina who work in North Carolina, Georgia or the District of Columbia may obtain a Notary commission in those jurisdictions.)

7. Reappointment: The renewal process is the same as for the initial application. Applicants simply check “Renew” at the top of the application form instead of “New.” Renewal should be started at least eight to twelve weeks prior to commission expiration (NPOM).

Registration to Perform In-Person Electronic Notarial Acts

1. Notary Commission Required: “A notary public commissioned in this State may become an electronic notary public in accordance with this section” (SCC 26-2-20[A]).

2. Registration Required: “Before a notary public performs an electronic notarization, the notary public must register with the Secretary of State in accordance with the rules for registration as an electronic notary public and must identify the technology that he intends to use, which must conform to any rules or regulations adopted by the Secretary of State” (SCC 26-2-20[A]).

3. Application: “A notary public must submit the application for registration electronically with the Secretary of State. This electronic application shall include:
   “(1) The notary’s full legal name and the name under which the notary public’s commission was issued, if different;
   “(2) The residential address of the notary public and the county in which the notary public’s commission is enrolled pursuant to [SCC] Section 26-1-50;
   “(3) The email address of the notary;
   “(4) Proof of the successful completion of the electronic notary course of instruction, including the date of completion and name of the course of instruction on the duties of an electronic notary as approved by the Secretary of State;
   “(5) The expiration date of the notary public’s commission;
   “(6) The disclosure of all license or commission revocations or other disciplinary actions against the notary public;
   “(7) A description of the notary technology that the notary public intends to use to perform notarial acts with respect to electronic notarizations, including the name of the electronic notary system provider. The description must include:
   “(a) The technology to be used in attaching an electronic notarial certificate, signature, or seal to an electronic document;
   “(b) The technology used to maintain the electronic journal; and
   “(c) The technology used to render electronic records tamper-evident;
   “(8) If the device used to create the registrant’s electronic signature was issued or registered through a licensed certification authority, then the application must include:
   “(a) The name of that authority;
   “(b) The source of the license; and
   “(c) The starting and expiration dates of the device’s term of registration; and
   “(9) A copy of the notary public’s electronic signature, electronic notarial certificate and electronic seal, along with any necessary instructions or techniques supplied by the vendor or notary public that allows the signature and stamp to be read and authenticated” (SCCR 113-410.A).

4. Registration Fee: “A registration fee of fifty dollars must be submitted to the Secretary of State with the registration form to be used by the Secretary of State to administer the provisions of this chapter” (SCC 26-2-20[A]).

5. Course: Required. “Before performing electronic notary acts, an electronic notary public shall take a course of instruction of sufficient length to ensure that the electronic notary public understands his duties and responsibilities, as determined and approved by the Secretary of State” (SCC 26-2-20[A]; see also SCCR 113-420.A).

6. Exam: Required.
   “Before performing electronic notary acts, an electronic notary public … shall pass an examination of this course” (SCC 26-2-20[A]; see also SCCR 113-420.A).

7. Term: The term of registration as an electronic notary shall coincide with the term of the notary’s commission pursuant to [SCC] Section 26-2-20(B). An electronic notary may commence performing electronic notarial duties upon receipt of confirmation of registration as an electronic notary public from the Secretary of State” (SCCR 113-400.B).

Online Search

The South Carolina Secretary of State’s Notary Public database allows the public to obtain certain information about Notaries (e.g., commission expiration date). Searches may be conducted by the Notary’s first and/or last name and county. Updates are uploaded every 48 hours. Information about commissioned Notaries is also available by telephoning the Notary Public Division at 1-803-734-2512 (website, “Notaries Search”).

Jurisdiction

“The jurisdiction of notaries public extends throughout the State” (SCC 26-1-80).

Term Length

“The Governor may appoint from the qualified electors as many notaries public throughout the State as the public good requires, to hold their offices for a term of ten years” (SCC 26-1-10).

Bond

Not required.

Changes of Status

Within 45 days after the following changes in a Notary’s status, the Notary must notify the office of the Secretary of State; such notification must be made on a “Change in Status and Duplicate Commission Request Form” and accompanied by a fee of $10 (SCC 26-1-130).

1. Contact Information: For any change in a Notary’s telephone number or residence, business or mailing address, the notification must be sent to the Secretary of State.
   A change in contact information will not affect the Notary’s current commission expiration date, and there is no need for the Notary to obtain a new seal. However, Notaries whose change of residence address involves a change of county should enroll their commission with the clerk of court in their new county of residence (NPOM).

2. Legal Name: “A notary with a new name may continue to use the former name in performing notarial acts until the notary receives a confirmation of Notary’s Name Change Form from the Secretary. Upon receipt of the confirmation of the Notary’s Name Change Form from the Secretary, the notary shall use the new name, and shall destroy or deface all notary seals bearing the former name so that they may not be misused” (SCC 26-1-130[A][2]).
   A name change will not affect the Notary’s current commission expiration date, but the Notary must obtain a new seal bearing the new name. Notaries who change their name and receive a new commission also must enroll their new commission with the clerk of court in the county where they live (NPOM).

3. County of Residence: “A notary who has moved to another county in South Carolina remains commissioned until the current commission expires, is not required to obtain a new seal, and may continue to notarize without changing his seal” (SCC 26-1-130[A][3]).

4. Resignation: To resign a Notary commission, the Notary must submit to the Secretary of State a “Change in Status Resignation Form” indicating the effective date of resignation (SCC 26-1-140). This form is available for download from the Secretary’s website.
   “A notary who ceases to reside in this State, or who becomes permanently unable to perform his notarial duties, shall resign his commission and submit to the Secretary a Change in Status Form indicating the effective date of resignation” (SCC 26-1-140[B]).
   “A notary who resigns his commission shall destroy or deface all notary seals so that they may not be misused” (SCC 26-1-140[C]).

5. Death of Notary: “If a notary dies during the term of commission, the notary’s personal representative shall: (1) notify the Secretary of State of the death in writing; and (2) as soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused” (SCC 26-1-150).

6. Electronic Notaries: “An electronic notary public shall notify the Office of the Secretary of State of any changes in the information submitted in the notary public’s application for registration within thirty (30) days following the change in information” (SCCR 113-460.A).
   “Nothing herein [SCCR 113-460] shall be construed to prohibit an electronic notary public from receiving, installing, or using hardware and/or software updates to the technologies that the electronic notary public identified in the electronic notary public’s application if the hardware or software update does not result in technologies that are materially different from the technologies that the electronic notary public identified previously” (SCCR 113.460.D).

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Authorized Acts

1. Notarial Acts: South Carolina Notaries are authorized to perform the following notarial acts (SCC 26-1-5[8], 26-1-90 and 26-3-20 and NPOM, except as otherwise noted):

   1. Take acknowledgments and verifications or proofs;

   2. Administer oaths and affirmations;

   3. Execute attestations and jurats;

   4. Witness signatures;

   5. Solemnize marriages (SCC 20-1-20);

   6. Any other acts authorized by law.

2. In-Person Electronic Notarial Acts: South Carolina Notaries who have registered with the Secretary of State to perform in-person electronic notarial acts may perform the following notarial acts electronically (SCC 26-2-40):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Execute attestations and jurats;

   4. Witness signatures;

   5. Verify facts;

   6. Copy certify tangible copies electronic records;

   7. Perform any other acts authorized by law.

Acknowledgments

1. Definition: “‘Acknowledgment’ means a notarial act in which a notary certifies that, at a single time and place, all of the following occurred:
   “(a) an individual appeared in person before the notary and presented a record;
   “(b) the individual was personally known to the notary or identified by the notary through satisfactory evidence; and
   “(c) the individual signed the record while in the physical presence of the notary and while being personally observed signing the record by the notary” (SCC 26-1-5[1]).

2. Requirements: “The person taking an acknowledgment shall certify that:
   “(1) The person acknowledging appeared before him and acknowledged he executed the instrument; and
   “(2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (SCC 26-3-40).

Verifications or Proofs

1. Definition: “‘Verification’ or ‘proof’ means a notarial act in which a notary certifies that:
   “(a) an individual appeared in person before the notary;
   “(b) the individual was personally known to the notary or identified by the notary through satisfactory evidence;
   “(c) the individual was not a party to or beneficiary of the transaction; and
   “(d) the individual took an oath or gave an affirmation and testified that he is a subscribing witness and as such
   “(i) witnessed the principal who signed the record, or
   “(ii) received the acknowledgment of the principal’s signature from the principal who signed the record” (SCC 26-1-5[21]).
   “‘Subscribing witness’ means a person who signs a record for the purpose of being a witness to the principal’s execution of the record or to the principal’s acknowledgment of his execution of the record” (SCC 26-1-5[20]).
   If a subscribing witness is unavailable because of “death, insanity or absence from the state,” there is provision for a proof of execution based on recognition of the handwriting of all parties (SCC 30-5-60).

Oaths and Affirmations

Definitions

1. “‘Oath’ means a notarial act that is legally equivalent to an affirmation and in which a notary certifies that at a single time and place all of the following occurred:
   “(a) an individual appeared in person before the notary;
   “(b) the individual was personally known to the notary or identified by the notary through satisfactory evidence; and
   “(c) the individual made a vow of truthfulness on penalty of perjury while invoking a deity or using a form of the sword ‘swear’” (SCC 26-1-5[11]).

2. “‘Affirmation’ means a notarial act which is legally equivalent to an oath and in which a notary certifies that, at a single time and place, all of the following occurred:
   “(a) an individual appeared in person before the notary;
   “(b) the individual was personally known to the notary or identified by the notary through satisfactory evidence; and
   “(c) the individual made a vow of truthfulness on penalty of perjury, based on personal honor and without invoking a deity or using a form of the word ‘swear’” (SCC 26-1-5[2]).

Attestations and Jurats

1. Definitions: “‘Attest’ or ‘attestation’ means the completion of a certificate by a notary who has performed a notarial act” (SCC 26-1-5[3]).
   “‘Jurat’ means a notary’s certificate evidencing the administration of an oath or affirmation” (SCC 26-1-5[6]).

2. Requirements: The following wording for an oath or affirmation in an affidavit or other sworn document is prescribed by the “Notary Public Online Manual”: “Do you solemnly swear that the contents of this affidavit (or other document) are known to you and that the information is true and correct, so help you God?” (for an oath); “Do you solemnly affirm that the contents of this affidavit (or other document) are known to you and that the information is true and correct, under the pains and penalties of perjury?” (for an affirmation).

Marriage Ceremonies

South Carolina law states that “officers authorized to administer oaths in this State … are authorized to administer a marriage ceremony in this State.” As officers authorized to administer oaths, Notaries thereby are empowered to solemnize nuptials.

The “Notary Public Online Manual” describes as follows “the procedure to follow when notarizing a marriage license:
(1) The couple applies for a marriage license with a South Carolina Probate Court, which issues 3 copies of the marriage license.
(2) The couple and the notary must sign all 3 copies. The bride should sign using her maiden name.
(3) The couple keeps one copy and the notary files the other two copies with the Probate Court that issued the license.

Sample vows are provided in the “Notary Public Online Manual,” or the couple may choose a different format or even write their own vows. Specific questions about the process should be addressed to the county probate office.

In-Person Electronic Notarial Acts

Definition: “‘Electronic notarial act’ or ‘electronic notarization’ means an official act by an electronic notary public that involves electronic documents” (SCC 26-2-05[5]).

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Personal Appearance

1. Definition: “‘Personal appearance’ and ‘appear in person before a notary’ means an individual and a notary are in the physical presence of one another so that they may freely see and communicate with one another and exchange records back and forth during the notarization process” (SCC 26-1-5[13]).

2. Notarial Acts: “A notary may not perform a notarial act if the … principal or subscribing witness is not in the notary’s presence at the time the notarial act is performed” (SCC 26-1-90[C][1]).
   It is a misdemeanor for a South Carolina Notary to take an acknowledgment or to administer an oath or affirmation without the principal appearing in person before the Notary (SCC 26-1-160[B][1]). It is also a misdemeanor for a Notary to take a verification or proof without the subscribing witness appearing in person before the Notary (SCC 26-1-160[B][2]). This type of misdemeanor carries a penalty of a fine of up to $500, imprisonment for up to 30 days or both. If convicted of such a crime, the Notary must forfeit his or her commission and will not be issued another one (SCC 26-1-60[G] and [H]).

3. In-Person Electronic Notarial Acts: “An electronic notary public shall perform an electronic notarization only if the principal … appears in person before the electronic notary public at the time of notarization” (SCC 26-2-50[A][1]).

Identification

1. Notarial Acts

   1. Requirement: “A notary may not make or give a notarial certificate unless the notary has either personal knowledge or satisfactory evidence of the identity of the principal and, if applicable, the subscribing witness” (SCC 26-1-120[A]). It is a misdemeanor for a Notary to take an acknowledgment or to administer an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal (SCC 26-1-160[B][3]). It is also a misdemeanor for a Notary to take a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness (SCC 26-1-160[B][4]). This type of misdemeanor carries a penalty of a fine of up to $500, imprisonment for up to 30 days or both. If convicted of such a crime, the Notary must forfeit his or her commission and will not be issued another one (SCC 26-1-60[G] and [H]).

   2. Personal Knowledge: “‘Personal knowledge’ or ‘personally known’ means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate any reasonable doubt that the individual has the identity claimed” (SCC 26-1-5[14]).

   3. Satisfactory Evidence: “‘Satisfactory evidence’ means identification of an individual based on either:
      “(a) a current identification document issued by a federal or state government agency bearing a photographic image of the individual’s face, signature, and a physical description, except that a current passport without a physical description is acceptable; or
      “(b) the oath or affirmation of a credible witness personally known to the notary public or of two witnesses who present an identification document as described in subitem (a)” (SCC 26-1-5[17]).

   4. Credible Witness: “‘Credible witness’ means an individual … whom the notary reasonably believes to be honest and reliable for the purpose of confirming to the notary the identity of another individual and the notary believes is not a party to or beneficiary of the transaction” (SCC 26-1-5[5]).

2. In-Person Electronic Notarial Acts: “An electronic notary public shall perform an electronic notarization only if the principal … is personally known to the electronic notary or identified by the electronic notary through satisfactory evidence as defined in [South Carolina Code of Laws] Chapter 1 of [Title 26]” (SCC 26-2-50[A][2]).

Incomplete Documents

“A notary shall not notarize a signature … (1) on a blank or incomplete document; or (2) on a document without notarial certificate wording” (SCC 26-1-90[D]).

Competence and Willingness

“By making or giving a notarial certificate, regardless of whether it is stated in the certificate, a notary certifies that … if the notarial certificate is for an acknowledgment or the administration of an oath or affirmation, the person whose signature was notarized did not appear in the judgment of the notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or to be acting involuntarily, [under] undue duress, or [under] undue influence …” (SCC 26-1-120[B][2]).

Signature by Mark

“A notary may certify the affixation of a signature by mark on a record presented for notarization if:
“(1)  the mark is affixed in the presence of the notary;
“(2) the notary writes below the mark: ‘Mark affixed by (name of signer by mark) in presence of undersigned notary’; and
“(3) the notary notarizes the signature by performing an acknowledgment, oath or affirmation, jurat, or verification or proof” (SCC 26-1-90[F]).

Signature by Proxy

1. Third Party Proxy: “If a principal is physically unable to sign or make a mark on a record presented for notarization, that principal may designate another person, who must be a disinterested party, as his designee, to sign on the principal’s behalf pursuant to the following procedure:
   “(1) the principal directs the designee to sign the record in the presence of the notary and two witnesses, who are either personally known to the notary or identified by the notary through satisfactory evidence, and who are unaffected by the record;
   “(2) the designee signs the principal’s name in the presence of the principal, the notary, and the two witnesses;
   “(3) both witnesses sign their own names to the record near the principal’s signature;
   “(4) the notary writes below the principal’s signature: ‘Signature affixed by designee in the presence of (names and addresses of principal and witnesses)’; and
   “(5) the notary notarizes the signature through an acknowledgment, oath or affirmation, jurat, or verification or proof” (SCC 26-1-90[G]).

2. Notary as Proxy: “A notary may sign the name of a principal physically unable to sign or make a mark on a document presented for notarization if:
   “(1) the principal directs the notary to sign the record in the presence of two witnesses unaffected by the record;
   “(2) the notary signs the principal’s name in the presence of the principal and the witnesses;
   “(3) both witnesses sign their own names to the record near the principal’s signature;
   “(4) the notary writes below the principal’s signature: ‘Signature affixed by the notary at the direction of (name of principal unable to sign or make a mark) and also in the presence of (names and addresses of witnesses)’; and
   “(5) the notary notarizes the signature through an acknowledgment, oath or affirmation, jurat, or verification or proof” (SCC 26-1-90[H]).

Disqualifying Interest

1. Personal: “A notary may not perform a notarial act if the … notary is a signer of, party to, or beneficiary of the record that is to be notarized. A disqualification pursuant to this item does not apply to an employee of a court within the unified judicial system, a notary who is named in a record solely as the trustee in a deed of trust, the drafter of the record, the person to whom a registered document must be mailed or sent after recording, or the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity” (SCC 26-1-90[C][3]).

2. Financial: “A notary may not perform a notarial act if the … notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 26-1-100, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (SCC 26-1-90[C][4]).

3. Attorneys: “Any attorney at law who is a notary public may exercise all his powers as a notary, notwithstanding the fact that he may be interested as counsel or attorney at law in a matter with respect to which he may exercise the power, and may probate in any court in this State in which he may be counsel” (SCC 26-1-180).

4. Corporate Officers: “A notary public who is a stockholder, director, officer or employee of a corporation may perform a notarial act for that corporation, unless the notary public is individually a party to an instrument or record that is the subject of the notarial act” (SCC 26-1-190).

Unauthorized Practice of Law

1. Prohibitions: “A notary public who is not an attorney licensed to practice law in this State may not render a service that constitutes the unauthorized practice of law. A nonattorney notary may not assist another person in drafting, completing, selecting, or understanding a record or transaction requiring a notarial act. This subsection does not prohibit an employee of any court within the unified judiciary system, acting within the scope of his employment, from assisting an individual with filing a document with the court, provided that the assistance does not constitute the unauthorized practice of law” (SCC 26-1-90[J]).
   “[A] person who engages in the unauthorized practice of law is guilty of a felony and, upon conviction, must be fined not more than $5,000 or imprisoned not more than 5 years, or both. This is the penalty per offense” (NPOM).

2. Preparing Deeds: “The preparation of deeds, notes, mortgages, and any other documents related to the transfer of property does not fall within the duties or powers of a notary public. A notary public may not offer advice related to the documents involved in the transfer or any other legal document” (website, “Notaries Public”).

Immigration Assistance

Under the “Registration of Immigration Assistance Service Act,” effective June 17, 2008, the following notarial service is defined as one of 11 separate types of “immigration assistance service” that may be performed by a nonattorney but that is therefore subject to certain requirements and restrictions:

“Notarizing signatures on government agency forms if the person performing the service is a notary public commissioned in the State of South Carolina and is lawfully present in the United States” (SCC 40-83-30[A][6]).

The requirements and restrictions include:

1. Posting signs visible to customers in one’s place of business, with separate signs in English and in every other language in which immigration assistance services such as notarization of immigration documents are provided, at least 12 by 17 inches in size, and stating: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE” (SCC 40-83-30[E]).

2. In any advertisement for immigration notarial services in a language other than English (with the exception of a single desk plaque), including the above statement (“I AM NOT AN ATTORNEY …”) in a conspicuous size. “If an advertisement is by radio or television, the statement may be modified but must include substantially the same information” (SCC 40-83-30[F]).

3. Not literally translating “from English into another language any document, advertisement, stationery, letterhead, business card, or other comparable written material terms or titles including, but not limited to, notary public, notary, licensed attorney, lawyer, or another term that implies the person is an attorney” (SCC 40-83-30[G]).

4. Not representing or advertising oneself in connection with immigration matters through use of titles or credentials, including but not limited to “notary public” or “immigration consultant,” that could cause a customer to believe that one holds special skills or can give advice on immigration — though a commissioned Notary may use the term “Notary Public” if accompanied by the statement that the person is not an attorney. “The term ‘notary public’ may not be translated into another language” (SCC 40-83-30[H][3]).

Advertisements

1. Non-English Ads – Mandatory Notice: “A notary public who is not an attorney licensed to practice law in this State and who advertises his services as a notary public in a language other than English, by radio, television, signs, pamphlets, newspapers, other written communication, or in another manner, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in the language used for the advertisement. The notice must be of conspicuous size, if in writing, and must state: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF SOUTH CAROLINA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’
   “The notice must provide the fees for notarial acts specified in Section 26-1-100. If the advertisement is by radio or television, the statement may be modified but must include substantially the same message” (SCC 26-1-90[I]).

2. Misrepresentation: “A notary may not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters” (SCC 26-1-90[K]).

3. Use of ‘Notario’: “A notary may not use the term ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice, or sign” (SCC 26-1-90[L]).

Foreign Language Documents

“A notary may execute a certificate written in the English language that accompanies a record written in another language, which record may include a translation of the notarial certificate into the other language. In that instance, the notary shall execute only the English language certificate” (SCC 26-1-90[M]).

Certify Photograph or Photocopy

“A notary shall not certify or authenticate a photograph or photocopy” (SCC 26-1-90[E]).

Although Notaries may not certify a photocopy, “the holder of the document may sign an affidavit certifying the authenticity of a photocopy which is then notarized, except when a certified copy is available from an official source (for example, vital records)” (NPOM). See “Affidavit for Certification of Photocopies” (under “Certificate of Notarial Act”) for notarial certificate wording appropriate for this type of affidavit.

Certify Vital Records

In the “Notary Public Online Manual,” a list of “things a notary is not permitted to do” includes “certify vital records. Certification of vital records must be done by officials in the country, state, or county offices that issue and keep those records. Vital records include birth certificates, marriage licenses, death certificates, divorce decrees, and document of that nature.”

False Certification

“A notary public who, in his official capacity, falsely certifies to affirming, swearing, or acknowledging of a person or his signature to an instrument, affidavit, or writing is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A notary public convicted under the provisions of this section shall forfeit his commission and shall not be issued another commission” (SCC 26-1-95).

“A notary is guilty of a misdemeanor if the notary takes … an acknowledgment or a verification or proof or administers an oath or affirmation if the notary knows it is false or fraudulent” (SCC 26-1-60[B][5]). This type of misdemeanor carries a penalty of a fine of up to $500, imprisonment for up to 30 days or both. If convicted of such a crime, the Notary must forfeit his or her commission and will not be issued another one (SCC 26-1-60[G] and [H]).

Presumption Granted to Notarized Wills

Legislation enacted in 2013 and effective January 1, 2014 (Senate Bill 143), clarifies that, while a last will and testament is not required to be notarized in the state, a will that is notarized is granted a presumption in court that the requirements for execution of the will were satisfied. This means that any party filing the will does not have to prove its due execution in order to enter it into probate. Of course, once the notarized will is entered into probate, the presumption that it was properly executed may be rebutted by convincing evidence to the contrary.

Further, if a will is “self-proved,” it will incorporate an affidavit signed by the testator, the witnesses and a Notary, declaring the due execution of the will, the testamentary capacity of the testator and the absence of undue influence upon the testator. Probate of a self-proved will is freed of the requirement of producing the witnesses to the will to give testimony confirming its proper execution.

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: South Carolina has adopted the Uniform Electronic Transactions Act (SCC 26-6-10 through 26-6-210), including the following provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “A law requiring a signature or record to be notarized, acknowledged, verified, or made under oath is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (SCC 26-6-110).
      Further, South Carolina’s Notary law defines “record” to accommodate electronic notarization: “‘Record’ means information that is inscribed on a tangible medium and called a traditional or paper record. Record also may mean information that is inscribed on a tangible medium or that is stored in an electronic or other medium” (SCC 26-1-5[16]).

   2. Uniform Real Property Electronic Recording Act: South Carolina has adopted the Uniform Real Property Electronic Recording Act (SCC 30-6-10 through 30-6-70), including the following provision related to the Notary’s seal: “A requirement that a document or signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (SCC 30-6-30[c]).

   3. Electronic Notaries Public Act: Effective July 31, 2021 – but not implemented until the Secretary of State has adopted administrative rules and vendors of electronic notarization technology are approved – South Carolina enacted Act No. 85 of 2021 (Senate Bill 631), authorizing Notaries Public who register with the Secretary of State to perform electronic notarial acts. The provisions of new Sections 26-2-5 through 26-2-190 are summarized below.

2. Notary Laws Apply

   1. Practice: “In performing electronic notarial acts, an electronic notary public shall adhere to all applicable rules governing notarial acts provided in [South Carolina Code of Laws] Chapter 1 of [Title 26]” (SCC 26-2-50[C]).

   2. Notarial Certificates: The provisions contained in [South Carolina Code of Laws] Chapter 1 of this title, with regard to notarial certificates, are applicable for the purposes of this chapter” (SCC 26-2-160).

   3. Liability, Sanctions, Remedies: “The liability, sanctions, and remedies for the improper performance of electronic notarial acts, or for providing false or misleading information in registering to perform electronic notarial acts, by an electronic notary public are the same as provided by law for the improper performance of nonelectronic notarial acts” (SCC 26-2-140[A]).

3. Electronic Journal: For the requirement that South Carolina electronic Notaries keep an electronic journal of all electronic notarial acts, see “Records of Notarial Acts,” below.

4. Electronic Notarization Systems

   1. Definition: “‘Electronic notarization system’ means a set of applications, programs, hardware, software, or technologies designed to enable an electronic notary public to perform electronic notarizations” (SCC 26-2-05[7]).

   2. Requirement: “An electronic notary public shall use an electronic notarization system that complies with this chapter and that has been registered with the Secretary of State to produce the electronic notary’s electronic signature and electronic seal in a manner that is capable of independent verification” (SCC 26-2-80[B]).

   3. Approval of System Providers: Required.

   4. List of Approved System Providers: Not currently provided.

   5. Registration: “Any person or entity wishing to provide an electronic notarization system to electronic notaries public in this State must complete and submit a registration form to the Secretary of State for review” (SCC 26-2-120[A]).
      “An electronic notary solution provider must be registered with the Secretary of State pursuant to this chapter before making available to South Carolina electronic notaries public any updates or subsequent versions of the electronic notary solution provider’s electronic notarization system” SCC 26-2-120[C]; see also SCCR 113-510.B).

   6. Application: The South Carolina Code of Regulations provides the requirements for electronic notarization system provider applications (SCCR 113-490).

   7. Compliant System: “An electronic notarization system shall comply with all regulations promulgated by the Secretary of State” SCC 26-2-120[B]).

   8. Verification of Notary’s Authority: An electronic notarization provider must “[v]erify that a notary public is registered to act as a South Carolina electronic notary public prior to authorizing an electronic notary seal and electronic signature for that notary public” (SCCR 113-500.D).

   9. Reporting Notary Enrollments: An electronic notarization provider must “[n]otify the Secretary of State of the name of each notary public who enrolls in the provider’s electronic notarization system within five days after enrollment by means prescribed by the Secretary of State” (SCCR 113-500.E).

   10. Suspension of System Use: An electronic notarization provider must “[s]uspend the use of any electronic notarization system for any notary public whose commission has been revoked, suspended, or canceled by the Secretary of State, within 10 calendar days of receipt of notification from the Secretary of State” (SCCR 113-500.G).

   11. eSignature, eSeal Examples: An electronic notarization provider must “[s]ubmit an exemplary of the electronic notary public’s electronic signature and the electronic notary seal to the Secretary for each electronic notary public who subscribes to the provider’s electronic notarization system” (SCCR 113-500.H).

   12. Secure Authentication to System: “An electronic notarization system shall require access to the system by a password or other secure means of authentication” (SCC 26-2-110[B]; see also SCCR 113-490.I).

   13. eSignature Attributed to Notary: “An electronic notarization system shall enable an electronic notary public to affix the electronic notary public’s electronic signature in a manner that attributes the signature to the electronic notary public” (SCC 26-2-110[C]).

   14. Tamper-Evident Technology: “An electronic notarization system shall render every electronic notarial act tamper evident” (SCC 26-2-110[D]).
       “‘Tamper evident’ means that any change to a record shall provide evidence of the change” (SCC 26-2-05[15]).

   15. Attribution to Notary: An electronic notarization provider must “[e]nable a notary public to affix the notary’s electronic signature in a manner that attributes such signature to the notary as evidenced by a digital certificate and render every electronic notarial act tamper-evident” (SCCR 113-500.J).
       Prorated Fees: An electronic notarization provider must “[p]rovide prorated fees to align the usage and cost of the electronic notarization system with the commission term limit of the electronic notary public purchasing the electronic notary seal and electronic signature” (SCCR 113-500.F).

   16. Requests for Information: An electronic notarization provider must “[r]espond to a request for information from the Office of the Secretary of State within the time directed. Any request for information shall be sent to the contact person designated by the provider upon registration, or as updated pursuant to [SCCR] Regulation 113-510” (SCCR 113-500.K).

   17. Status Changes: “An electronic notarization system provider shall notify the Secretary of State’s Office within 30 days of any changes, modifications or updates to information previously submitted to the Secretary of State. Notifications to the Office of the Secretary of State as required by this section must be made in a form or manner prescribed by the Secretary of State” (SCCR 113-510.A).

5. Sole Access: “An electronic notary public shall take reasonable steps to ensure that no other individual may possess or access an electronic notarization system in order to produce the electronic notary public’s electronic signature or electronic seal” (SCC 26-2-80[C]).

6. Sole Control: An electronic notary public shall keep in his sole control all or any part of an electronic notarization system for which the exclusive purpose is to produce the electronic notary public’s electronic signature and electronic seal” (SCC 26-2-80[D]).
   “‘Sole control’ means at all times being in the direct physical custody of an electronic notary public or safeguarded by the electronic notary with a password or other secure means of authentication” (SCC 26-2-05[14]).

7. Disposition of System: “Except as provided in subsection (F), if the commission of an electronic notary public expires or is resigned or revoked, or if the electronic notary dies or is adjudicated as incompetent, then the electronic notary public or his personal representative or guardian shall, within three months, dispose of all or any part of the electronic notarization system that had been in the electronic notary’s sole control for which the exclusive purpose was to perform electronic notarial acts” (SCC 26-2-110[E]).
   A former electronic Notary is not required to follow the disposition requirement if the Notary renews the Notary’s commission and is reregistered to perform electronic notarizations within 3 months of the expiration of the Notary’s current commission (SCC 26-2-110[F]).

Remote Notarial Acts

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Certificate Forms

South Carolina has adopted the Uniform Recognition of Acknowledgments Act and the Act's short-form certificates. These certificate forms and other forms authorized by other statute or the Secretary of State appear below.

The Notary’s seal and commission expiration date must be added to each certificate prescribed by SCC 26-3-70, but their omission is not invalidating if the Notary’s official title (e.g., “South Carolina Notary Public”) is affixed (SCC 26-1-60). These five short-form certificates prescribed under the Uniform Recognition of Acknowledgments Act do not preclude use of other appropriate forms.

Additional Information

“The inclusion of additional information in a notarial certificate, including the representative or fiduciary capacity in which a person signed or the means a notary used to identify a principal, does not invalidate an otherwise sufficient notarial certificate” (SCC 26-1-120[C]).

Electronic Notarial Certificate

1. Definition: “‘Electronic notarial certificate’ means the part of, or attachment to, an electronic record that is completed by the electronic notary public, that bears the electronic notary’s electronic signature and electronic seal, and that states the facts attested to by the electronic notary in an electronic notarization” (SCC 26-2-05[6]).

2. Requirements: “When performing an electronic notarial act, an electronic notarial certificate must be attached to, or logically associated with, the electronic document by the electronic notary public and must include:
   “(1) the electronic notary public’s name exactly as stated on the commission issued by the Secretary of State;
   “(2) the electronic notary public’s electronic seal;
   “(3) the expiration date of the electronic notary public’s commission;
   “(4) the electronic notary public’s electronic signature; and
   “(5) completed wording appropriate to the particular electronic notarial act, as prescribed by law” (SCC 26-2-60[A]).
   The electronic Notary’s electronic seal, commission expiration date, electronic signature, and the notarial certificate wording for the notarial act “must be immediately perceptible and reproducible in the electronic record to which the electronic notary public’s electronic signature is attached, such that removal or alteration of a component is tamper evident and will render evidence of alteration of the document containing the electronic notarial certificate, which may invalidate the electronic notarial act. If an electronic seal is not used, then the words ‘Electronic Notary Public’ and the words ‘State of South Carolina’ must still be attached” (SCC 26-2-60[B]).

Out-of-State Certificate

1. Sufficient in South Carolina: “A notarial certificate made in another jurisdiction is sufficient in this State if it is made in accordance with federal law or the laws of the jurisdiction where the notarial certificate was made” (SCC 26-1-120[G]).

2. Completion by South Carolina Notaries: “On records to be filed, registered, recorded, or delivered in another state or jurisdiction of the United States, a South Carolina notary may complete a notarial certificate that is required in that other state or jurisdiction” (SCC 26-1-120[H]).

English Certificate

“A notary may not execute a certificate that is not written in the English language” (SCC 26-1-90[M]).

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Definitions

1. “‘Seal’ or ‘stamp’ means a device for affixing on a paper record an image containing a notary’s name, the words ‘notary public’, and the words ‘State of South Carolina’. The device may be in the form of an ink stamp or an embosser” (SCC 26-1-5[18]).

2. “‘Electronic notary seal’ or ‘electronic seal’ means information within a notarized electronic document that includes the electronic notary’s name, jurisdiction, registration number, and commission expiration date and that generally corresponds to data in notary seals used on paper documents” (SCC 26-2-5[9]).

Seal Requirement

1. Notarial Acts: Required.
   “A notary public shall have a seal of office, which must be affixed to his notarial acts. He shall indicate below his signature the date of expiration of his commission” (SCC 26-1-60).

2. In-Person Electronic Notarial Acts: Required.
   “When performing an electronic notarial act, an electronic notarial certificate must be attached to, or logically associated with, the electronic document by the electronic notary public and must include … the electronic notary public’s electronic seal” (SCC 26-2-60[A][2]).

3. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (SCC 30-6-30[c]).

Validity of Notarial Act Without Seal

“The absence of the seal of office … does not render his notarial acts invalid if his official title is affixed to it” (SCC 26-1-60).

“A notary public’s official title is not defined in statute, but a notary public’s official title would likely need to include the words ‘notary public’ and ‘South Carolina.’ For example, your official title could be stated as ‘South Carolina Notary Public.’ … Although a lack of seal or expiration date does not invalidate the notarial act if the notary’s official title is attached, it is strongly encouraged that notaries public attach a seal and expiration date” (NPOM).

Seal Format

1. Notarial Acts

   1. Embosser or Inking Stamp: “‘Seal’ or ‘stamp’ means a device for affixing on a paper record an image containing a notary’s name, the words ‘notary public’, and the words ‘State of South Carolina’. The device may be in the form of an ink stamp or an embosser” (SCC 26-1-5[18]).
      “A notary public may use either a rubber stamp or an embosser seal when performing notarial acts. Both seals and stamps can be purchased and personalized …” (NPOM).

   2. Shape/Size: Not specified.

   3. Components: A South Carolina Notary Public seal or stamp must contain (SCC 26-1-5[18]):

      1. Notary’s name;

      2. Words “Notary Public”;

      3. Words “State of South Carolina”;

      4. Optional in seal or stamp: commission expiration date.

2. In-Person Electronic Notarial Acts

   1. Components: The electronic seal of an electronic notary public shall contain the:
      “(1) name of the electronic notary public exactly as it is spelled on the electronic notary public’s commission;
      “(2) title ‘Notary Public’;
      “(3) words ‘State of South Carolina’;
      “(4) registration number indicating that the electronic notary public may perform electronic notarial acts; and
      “(5) expiration date of the electronic notary public’s commission” (SCC 26-2-60[d]).

   2. Border: “The perimeter of the electronic notary seal may contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper” (SCCR 113-430.B(6)).

   3. Digital Image: “The electronic seal of an electronic notary public may be a digital image that appears in the likeness or representation of a traditional physical notary public seal” (SCC 26-2-60[E]; see also SCCR 113-430.B[5]).

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by South Carolina law. Formats other than these may also be permitted.

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Documents Without Seal

“Any instrument heretofore or hereafter recorded in this state, which does not have affixed the impressed seal of the authorized officer who administered the oath or affirmation contained therein, shall be valid and constitute notice as though such impressed seal were affixed” (SCC 30-5-60).

“Whenever it shall appear from the attestation clause or from the other parts of any instrument in writing that it was the intention of the party or parties thereto that such instrument should be a sealed instrument, such instrument shall be construed to be, and shall have the effect of, a sealed instrument, although no seal be actually attached thereto” (SCC 27-7-30).

Unauthorized Use of Seal

“A person who without authority obtains, uses, conceals, defaces, or destroys the seal … of a notary is guilty of a misdemeanor” (SCC 26-1-160[D]).

Destruction of Seal

If a Notary legally changes his or her name and notifies the Secretary of State of the change, the Notary must destroy or deface all Notary seals bearing the former name so that the seals may not be misused (SCC 26-1-130[A][2]).

“A notary who resigns his commission shall destroy or deface all notary seals so that they may not be misused” (SCC 26-1-140[C]).

“If a notary dies during the term of commission, the notary’s personal representative shall … as soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused” (SCC 26-1-150).

Electronic Notary Seal and Signature

1. Exclusive Use of Electronic Seal, Signature: “The electronic seal of an electronic notary public may not be used for any purpose other than performing electronic notarizations under this chapter” (SCC 26-2-60[E]).
   “Only the electronic notary public whose name and registration number appear on an electronic seal shall generate that electronic seal” (SCC 26-2-60[F]; see also SCCR 113-430.A(3) and B(3)).
   “An electronic notary public’s electronic signature, in combination with his electronic seal, must be used only for the purpose of performing electronic notarial acts” (SCC 26-2-80[A]).

2. Tamper-Evident Electronic Seal: “An electronic notary public shall attach his public key certificate and electronic seal to the electronic notarial certificate of an electronic record in a manner that renders any subsequent change or modification to the electronic record to be evident” (SCC 26-2-100[B]).
   “‘Public key certificate’ means an electronic credential that is used to identify an individual who signed an electronic record with the certificate” (SCC 26-2-05[12]).

3. Reliability of Electronic Seal, Signature: “An electronic notary public’s electronic signature or electronic seal is considered to be reliable if it is:
   “(1) unique to the electronic notary public;
   “(2) capable of independent verification;
   “(3) retained under the electronic notary public’s sole control;
   “(4) attached to or logically associated with the electronic document; and
   “(5) linked to the data in such a manner that any subsequent alterations to the underlying document or electronic notarial certificate are tamper evident and may invalidate the electronic notarial act” (SCC 26-2-60[C]; see also SCCR 113-430, 133-470.A and B).
   “‘Capable of independent verification’ means that any interested person may confirm through the Secretary of State that an electronic notary public who signed an electronic record in an official capacity had the authority at that time to perform electronic notarial acts” (SCC 26-2-05[1]).
   “‘Sole control’ means at all times being in the direct physical custody of an electronic notary public or safeguarded by the electronic notary with a password or other secure means of authentication” (SCC 26-2-05[14]).

4. Security of Electronic Seal, Signature: “An electronic notary public shall keep his … electronic seal secure” (SCC 26-2-100[A]).

5. Graphic Image of eSignature: “An image of the electronic notary’s handwritten signature shall appear on any visual or printed representation of an electronic notary certificate regardless of the technology being used to affix the electronic notary’s electronic signature” (SCCR 113-430.A(5)).

6. Current Device: “An electronic notary public shall take reasonable steps to ensure that any registered device used to create the electronic notary public’s electronic signature is current and has not been revoked or terminated by its issuing or registering authority” (SCC 26-2-130[A]).

7. Expiration of Device: “If the registration of the device used to create electronic signatures either expires or is changed during the electronic notary public’s term of office, then the electronic notary public shall cease performing electronic notarizations until:
   “(1) a new device is duly issued or registered to the electronic notary public; and
   “(2) an electronically signed notice is sent to the Secretary of State that includes the starting and expiration dates of any new registration term and any other new information at variance with the information in the most recently executed electronic registration form” (SCC 26-2-130[B]).

8. Nondisclosure of eSeal, eSignature Access Information: “An electronic notary public shall not disclose any access information used to affix the electronic notary public’s electronic signature or electronic seal to electronic records except:
   “(1) When requested by the Secretary of State’s Office or a law enforcement officer;
   “(2) When required by court order or subpoena; or
   “(3) Pursuant to an agreement to facilitate electronic notarizations with a vendor or other technology provider identified in an application submitted under the South Carolina Electronic Notary Public Act” (SCCR 1130-470.B).

9. Replacement eSeal, Signature: “An electronic notary public must replace an electronic seal or signature under any of the following circumstances:
   “(1) The electronic notary public’s registration has expired.
   “(2) The electronic seal or signature is for any reason no longer valid or capable of authentication.
   “(3) The electronic notary public has changed any of the following information, or the following information has changed for any reason:
   “(a) The electronic notary public’s name;
   “(b) The electronic notary public’s jurisdiction;
   “(c) The electronic notary public’s registration number; or
   “(d) The expiration date of notary public commission” (SCCR 113-470.C).

10. Lost, Stolen, Vandalized Electronic Seal: “An electronic notary public shall immediately notify the appropriate law enforcement agency and the Secretary of State of any theft or vandalism of the electronic notary public’s … electronic seal” (SCC 26-2-100[C]).
    “An electronic notary public immediately shall notify the Secretary of State of the loss or use by another person of the electronic notary public’s … electronic seal” (SCC 26-2-100[C]).

11. Destruction of Electronic Signature: “Upon the resignation, revocation, or expiration of an electronic notary commission or the death of an electronic notary, the electronic notary or his personal representative shall erase, delete, or destroy the coding, disk, certificate, card software, file, or program that enables electronic affixation of the electronic notary’s official electronic signature. The provisions of this subsection do not apply to a former electronic notary who renews his commission within three months of the expiration of his previous commission” (SCC 26-2-100[D]).

12. Employers: “Neither the employer of an electronic notary public nor any of the employer’s employees or agents shall use or permit the use of an electronic notary seal or signature by anyone other than the electronic notary public to whom it is registered” (SCCR 114-440.A).
    “Upon the cessation of employment of an electronic notary public, the employer of the notary must do the following, if applicable:
    “(1) Relinquish any and all control of the electronic notary public’s electronic notary seal conveyed by the employer’s provision of an electronic notarization system as part of the electronic notary’s employment;
    “(2) Transfer possession of the electronic notary seal to the electronic notary public; and
    “(3) Eliminate the ability of any other person to use the former employee’s electronic notary seal if the electronic notarization system used by the employer does not permit transfer of possession of the electronic notary seal” (SCCR 113-440.B).

Name and Signature

1. Requirement: “A notarial act must be attested by the:
   “(1) signature of the notary, exactly as shown on the notary’s commission; [and]
   “(2) legible appearance of the notary’s name exactly as shown on the notary’s commission. The legible appearance of the notary’s name may be ascertained from the notary’s typed or printed name near the notary’s signature or from elsewhere in the notarial certificate or from the notary’s seal if the name is legible …” (SCC 26-1-90[B][1] and [2]).

2. Signature in Ink: “When notarizing a paper record, a notary shall sign by hand in ink on the notarial certificate. The notary shall comply with the requirements of Section 26-1-90(B)(1) and (2). The notary shall affix the official signature only after the notarial act is performed. The notary may not sign a paper record using the facsimile stamp or an electronic or other printing method; except that a notary with a disability may use a signature stamp that depicts the notary’s signature in a clear and legible manner, upon prior approval of the Secretary” (SCC 26-1-110).

Commission Expiration Date

Below the Notary’s signature on each notarial certificate the commission expiration date must appear, but the absence of this date will not affect the validity of the act if the Notary’s official title is affixed (SCC 26-1-60).

“The statement of the date that the notary’s commission expires may appear in the notary’s stamp or seal or elsewhere in the notarial certificate” (SCC 26-1-90[B][3]).

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Records Requirement

Journal

1. Notarial Acts: Not required.

2. In-Person Electronic Notarial Acts

   1. Definition: “‘Electronic journal of notarial acts’ or ‘electronic journal’ means a chronological electronic record of notarizations that is maintained by the electronic notary public who performed the notarizations” (SCC 26-2-05[4]).

   2. Requirement: “An electronic notary public shall create and maintain an electronic journal of each electronic notarial act” (SCC 26-2-90[A]).

Journal Format

1. Electronic Journal: “An electronic notary journal shall be created and stored in a computer or other electronic storage device or process that protects the electronic journal against unauthorized access by password, biometric verification, token, or other form of authentication” (SCCR 113-480.A).

2. Tamper-Evident: “An electronic notary journal shall be tamper-evident” (SCCR 113-480.D).

Journal Recommendation

“South Carolina notaries public are not required to keep notary journals. However, it is STRONGLY encouraged that you keep one. It is a good idea to have a record of all notarial acts performed in case questions arise related to the execution of a document” (NPOM).

Journal Entries

1. Required Entries: “For every electronic notarial act, the electronic notary public shall record the following information in the electronic journal:
   “(1) the date and time of the electronic notarial act;
   “(2) the type of electronic notarial act;
   “(3) the title or a description of the record being notarized, if any;
   “(4) the printed full name of each principal;
   “(5) if identification of the principal is based on personal knowledge, a statement to that effect;
   “(6) if identification of the principal is based on satisfactory evidence of his identity pursuant to Section 26-1-5(17), a description of the evidence relied upon and the name of any credible witness or witnesses;
   “(7) the address where the notarization was performed, if the notarization was not performed at the electronic notary public’s business address;
   “(8) if the notarial act is performed electronically, a description of the electronic notarization system used; and
   “(9) the fee, if any, charged by the electronic notary” (SCC 26-2-90[A]).

2. Prohibited Entries: “An electronic notary public may not record a Social Security number in the electronic journal” (SCC 26-2-90[A]).

3. Entries for Optional Journal: The “Notary Public Online Manual” offers sample journal entries, which contain the following information:
   • Date and time of notarization
   • Type of notarial act
   • Type of document
   • Date of document
   • Fee charged
   • Address of signer
   • Signature of signer
   • Manner in which signer was identified
   • Special comments

Exclusive Use of eJournal

“An electronic notary public may not allow the electronic journal to be used by any other notary public and may not surrender the electronic journal to an employer upon the electronic notary public’s termination of employment” (SCC 26-2-90[C]; see also SCCR 113-480.B).

Inspection and Copying of eJournal

1. Relying Party: “Any party to the notarized transaction or party with a legitimate interest in the transaction may inspect or request a copy of an entry or entries in the electronic notary public’s electronic journal, provided that:
   “(1) the party specifies the month, year, type of record, and name of the principal for the electronic notarial act, in a signed physical or electronic request;
   “(2) the electronic notary public does not surrender possession or control of the electronic journal;
   “(3) the party is shown or given a copy of only the entry or entries specified; and
   “(4) a separate new entry is made in the electronic journal, explaining the circumstances of the request and noting any related act of copy certification by the electronic notary public” (SCC 26-2-90[D]).
   “An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry in the electronic journal of notarial acts” (SCC 26-2-90[E]).

2. Denyial of Access: “An electronic notary who has a reasonable and explainable belief that a person requesting information from the electronic notary’s electronic journal has a criminal or other inappropriate purpose may deny access to any entry or entries” (SCC 26-2-90[E]).

3. Official Access: “All electronic notarial records required by statute or regulation may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the Secretary of State” (SCC 26-2-90[F]).

4. Copies: “An electronic notary journal must be capable of providing tangible or electronic copies of any entry made in the journal” (SCCR 113-480.F).

Security of Electronic Journal

1. Requirement: “An electronic notary public shall keep his electronic journal … secure” (SCC 26-2-100[A]).

2. Use by Another: An electronic notary public immediately shall notify the Secretary of State of the … use by another person of the electronic notary public’s electronic journal” (SCC 26-2-100[C]).

3. Deletion or Alteration of Records: “A notary public shall not allow a record entry to be deleted or altered in content or sequence by the electronic notary public or any other person after a record of the electronic notarization is entered and stored” (SCCR 113-480.E).

Loss, Theft, Vandalism of Electronic Journal

“An electronic notary public shall immediately notify the appropriate law enforcement agency and the Secretary of State of any theft or vandalism of the electronic notary public’s electronic journal …” (SCC 26-2-100[C]).

“An electronic notary public immediately shall notify the Secretary of State of the loss … of the electronic notary public’s electronic journal” (SCC 26-2-100[C]).

Unauthorized Use of Notary Records

“A person who without authority obtains, uses, conceals, defaces, or destroys the … notarial records of a notary is guilty of a misdemeanor” (SCC 26-1-160[D]).

Retention and Disposition of eJournal

1. Retention: “An electronic notary journal shall be retained for at least ten (10) years after the last notarial act chronicled in the journal” (SCCR 113-480.C).

2. Disposition: “Upon the death or adjudication of incompetency of a current or former notary public who is registered to perform notarial acts with respect to electronic records, the electronic notary’s personal representative or guardian or any other person knowingly in possession of a journal shall:
   “(1) comply with the retention requirements of this section;
   “(2) transmit the journal to a third person contracted to act as a repository to provide the storage required by this section; or
   “(3) transmit the journal in an industry-standard readable data storage device to the electronic notary public’s notary technology provider” (SCCR 113-480.G).

Rules for Electronic Journals

“The Secretary of State shall establish commercially reasonable standards for the preservation of electronic journals in the event of a resignation, revocation, or expiration of an electronic notary commission, or upon the death of an electronic notary. The provisions of this subsection do not apply to a former electronic notary whose commission has expired if, within three months, the electronic notary commission is renewed” (SCC 26-2-90[G]).

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Maximum Fees

1. Notarial Acts: The maximum fees that may be charged by a South Carolina Notary for performing a notarial act are as follows (SCC 26-1-100[A]):

   1. Taking an acknowledgment: $5 per signature;

   2. Administering an oath or affirmation without a signature: $5 per person;

   3. Executing a jurat: $5 per signature;

   4. Witnessing a signature: $5 per signature;

   5. Performing a verification of fact: $5 per certificate.

2. In-Person Electronic Notarial Acts: The maximum fees that may be charged by a South Carolina Notary for performing an electronic notarial act are as follows (SCC 26-2-70[B]):

   1. Taking an acknowledgment: $10 per signature;

   2. Administering an oath or affirmation,: $10 per signature;

   3. Executing an attestation and jurat: $10 per signature;

   4. Witnessing a signature: $10 per signature;

   5. Performing a verification of fact: $10 per signature.

Fee Need Not Be Charged

“Nothing in this chapter compels a notary to charge a fee” (SCC 26-1-100[D]).

Travel Fees

“A notary may charge a travel fee when traveling to perform a notarial act if:
“(1) the notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
“(2) the notary explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee … and is neither specified nor mandated by law” (SCC 26-1-100[C]).

The same travel fee provision pertains to electronic notarial acts (SCC 26-2-70[C]).

Electronic Journal Copy Fee

“An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry in the electronic journal of notarial acts” (SCC 26-2-90[E]).

Posting Fees

“A notary who charges a fee for his notarial services shall display conspicuously in his place of business, or present to each principal outside his place of business, an English language schedule of fees for notarial acts” (SCC 26-1-100[B]).

The same fee posting provision pertains to electronic notarial acts (SCC 26-2-70[D]). “A notarial fee schedule may not appear or be printed in smaller than ten-point type” (SCC 26-2-70[D]).

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Notary Signing Agents

1. Attorney-Only: South Carolina is regarded as an “attorney-only” state and, by judicial rule, Notary Signing Agents and other nonattorneys are not permitted by themselves to act at a closing. In its rulings over the years, the South Carolina Supreme Court has identified at least five steps related to a real estate transaction which it labels the practice of law, including: performing a title search, preparing loan documents, presiding at a closing, disbursing loan funds and recording documents. At least two of these functions are performed by Notary Signing Agents and thus, arguably, constitute the unauthorized practice of law in the state.

2. Purchase Transactions: In one notable South Carolina Supreme Court case — South Carolina v. Buyers Service Company, 357S.E.2d 15 (S.C. 1987) — the Court reversed a lower appellate decision permitting a commercial title company to conduct real estate closings, provided that it gave no legal advice. Agreeing in theory with the lower court, the Supreme Court nonetheless stated, “there is in practice no way of assuring that lay persons conducting a closing will adhere to the restrictions. One handling a closing might easily be tempted to offer a few words of explanation, however innocent, rather than risk losing a fee for his or her employer.”
   “In South Carolina, notaries public are not permitted to conduct real estate or mortgage loan closings without an attorney present. While some states do allow for notaries to conduct a closing without an attorney, the South Carolina Supreme Court has clearly stated that an attorney must conduct all real estate and mortgage loan closings. Mortgage refinancing is also subject to this rule” (NPOM).

3. Refinance Transactions: In the 2003 Supreme Court Case — Doe v. McMaster, 355S.C. 306, 312, 585 S.E.2d 773, 776 (2003) — the Supreme Court clarified that a refinance closing also is the practice of law because it has the same steps as a purchase transaction. “In refinancing a real estate mortgage the four steps in the initial purchase situations still exist… In sum, refinancing affects identical legal rights of the buyer and Lender as initial financing and protection of these rights is the crux of the practice of law.” As with purchase transactions, an attorney must be present and directly involved when refinance loan papers are signed.

4. Loan Modifications: In the 2013 Supreme Court Case — Crawford v. Central Mortgage Company; Warrington v. The Bank of South Carolina, Op. No. 27273 (S.C. Sup. Ct. filed June 19, 2013) — the Supreme Court took up whether a loan modification for a borrower in default constituted the practice of law. “This case is distinguishable from both Buyers Service and McMaster. A loan modification is an adjustment to an existing loan to accommodate borrowers who have defaulted. In contrast, refinancing is the issuance of an entirely new loan, often used by home owners to take advantage of lower interest rates. Thus, the same public policy that requires attorney supervision for home purchases and refinancing does not apply to loan modifications.”

Recording Requirements

Acknowledgment or Proof: “Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in [SCC 30-5-30] subsection (A)(1), (A)(2), or (B)” (SCC 30-5-30).

“A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath” (SCC 30-5-30[B]).

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Notarial Acts outside of South Carolina

“Notarial acts may be performed outside this State for use in this State with the same effect as if performed by a notary public of this State by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this State:
“(1) A notary public authorized to perform notarial acts in the place in which the act is performed;
“(2) A judge, clerk or deputy clerk of any court of record in the place in which the notarial act is performed;
“(3) An officer of the foreign service of the United States, a consular agent or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
“(4) A commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other person serving with or accompanying the Armed Forces of the United States, and, further, such commissioned officers and other authorized persons, in the manner and under the conditions prescribed by this chapter, also may perform notarial acts inside this State for use in this State with the same effect as if performed by a notary public of this State;
“(5) Any other person authorized to perform notarial acts in the place in which the act is performed” (SCC 26-3-20).

1. Proof of Authority: “If the notarial act is performed by any of the persons described in items (1) to (4), inclusive, of Section 26-3-20, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required.
   “(b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
   “(1) Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
   “(2) The official seal of the person performing the notarial act is affixed to the document; or
   “(3) The title and indication of authority to perform notarial acts of the person appear either in a digest of foreign law or in a list customarily used as a source of such information.
   “(c) If the notarial act is performed by a person other than one described in subsections (a) and (b), there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act.
   “(d) The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine” (SCC 26-3-30).

2. Designated Military Personnel: Certain designated military personnel have the general powers of a Notary in serving persons in or with the armed forces, in accordance with Title 10, U.S. Code, Section 1044a, including (SCC 25-1-630[C]):

   1. Judge advocates, including those in the reserve and in the South Carolina National Guard, when not in a duty status;

   2. Civilian attorneys serving as legal assistance officers;

   3. Adjutants, assistant adjutants and personnel adjutants, including those in the reserve and in the South Carolina National Guard, when not in a duty status.
      “The signature of any person acting as a notary under the authority of Title 10, United States Code, Section 1044a or of this section, together with the title of that person’s offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act” (SCC 25-1-630[E]).

3. Sufficiency of Certificate of Acknowledgment: “The form of a certificate of acknowledgment used by a person whose authority is recognized under [SCC] § 26-3-20 shall be accepted in this State if:
   ”1. The certificate is in a form prescribed by the laws or regulations of this State;
   ”2. The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
   ”3. The certificate contains the words ‘acknowledged before me,’ or their substantial equivalent” (SCC 26-3-50).

4. Sufficiency of Certificate of Verification or Proof: “A notarial certificate for the verification or proof of the signature of a principal by a subscribing witness taken by a notary is sufficient and must be accepted in this State if it is substantially in a form otherwise prescribed by the laws of this State, or if it:
   “(1) identifies the state and county in which the verification or proof occurred;
   “(2) names the subscribing witness who appeared in person before the notary;
   “(3) names the principal whose signature on the record is to be verified or proven;
   “(4) indicates that the subscribing witness certified to the notary under oath or by affirmation that the subscribing witness is not a party to or beneficiary of the transaction, signed the record as a subscribing witness, and either (i) witnessed the principal sign the record, or (ii) witnessed the principal acknowledge the principal’s signature on the record;
   “(5) states the date of the verification or proof;
   “(6) contains the signature of the notary who took the verification or proof; and
   “(7) states the notary’s commission expiration date” (SCC 26-1-120[E]).

5. Sufficiency of Certificate of Oath or Affirmation: “A notarial certificate for an oath or affirmation taken by a notary is sufficient and must be accepted in this State if it is substantially in a form otherwise prescribed by the laws of this State, or if it:
   “(1) names the principal who appeared in person before the notary unless the name of the principal otherwise is clear from the record itself;
   “(2) indicates that the principal who appeared in person before the notary signed the record in question and certified to the notary under oath or by affirmation as to the truth of the matters stated in the record;
   “(3) states the date of the oath or affirmation;
   “(4) contains the signature of the notary who took the oath or affirmation; and
   “(5) states the notary’s commission expiration date” (SCC 26-1-120[F]).

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County Clerks

Locally, an authenticating certificate for a given Notary may be obtained at the office of the county clerk of court where the Notary presented his or her commission within 15 days after commissioning (SCC 26-1-50).

Secretary of State

Authenticating certificates for Notaries, including apostilles, are also issued by the office of South Carolina’s Secretary of State.

1. Fees: $5 for each notarized document — not each page — that is authenticated, whether an apostille or other certificate bearing the Great Seal, payable to “South Carolina Secretary of State.”

2. Mail or in Person:
   South Carolina Secretary of State
   Authentication Office
   1205 Pendleton St., Suite 525
   Columbia, SC 29201

3. Phone: 803-734-2512

4. Procedure: Mail or deliver in person the original notarized document(s), along with the appropriate fee. An explanatory cover letter indicating the country of destination is needed. A “South Carolina Authentications Cover Letter” is downloadable on the website for this purpose. Documents may also be sent by UPS or FedEx. An addressed return envelope with postage or a pre-paid shipping label is required.

5. Requirements: “In order for the Secretary of State’s Office to authenticate a document, it must be signed by a public official whose signature is on file with the Secretary of State, which includes notaries public. Some examples of documents that are brought in for authentication or an Apostille are birth certificates, marriage licenses, school transcripts, etc.” (NPOM).
   Speaking specifically to Notaries, the Secretary adds: “It is important that you include your seal with your name as commissioned on the document near your signature and that you sign your name as commissioned so that we can accurately verify your status as a notary public and provide the requested certificate. Please also include your seal and expiration date” (NPOM).

6. Refusals: “The Secretary shall not issue a certificate of authority or an Apostille for a document if the Secretary has cause to believe that the certificate is desired for an unlawful or improper purpose. The Secretary may examine not only the document for which a certificate is requested, but also any documents to which the previous seals or other certifications may have been affixed by other authorities. The Secretary may request any additional information that may be necessary to establish that the requested certificate will serve the interests of justice and is not contrary to public policy, including a certified or notarized English translation of document text in a foreign language” (SCC 26-1-230[A]).
   “The Secretary of State’s Office may refuse to provide an authentication or Apostille if:
   “(1) It is believed to be requested for an unlawful or improper purpose;
   “(2) The document is in a foreign language and is not accompanied by an English translation;
   “(3) The seal or signature on the document cannot be authenticated by the Secretary or another official
   “(4) The seal or signature is of an official of another state or country; and
   “(5) The document is a photocopy or reproduction of a seal or signature” (NPOM).

7. Electronic Certifications and Apostilles: “Electronic evidence of the authenticity of the official electronic signature and electronic seal of an electronic notary public of this State, if required, must be attached to, or logically associated with, a notarized electronic document transmitted to another state or nation and must be in the form of an electronic certificate of authority signed by the Secretary of State in conformance with any current and pertinent international treaties, agreements, and conventions subscribed to by the government of the United States” (SCC 26-2-170).

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