South Carolina - U.S. Notary Reference

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.A).

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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

   1. South Carolina Code: 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. Citations: Citations to the SCC in this chapter follow this convention: SCC, title, and chapter followed by hyphens, and any subparagraphs within the section separated by brackets. Example: SCC 8-21-310[B][10].

2. Regulations

   1. South Carolina Code of State Regulations: Administrative regulations on electronic notarization are in the South Carolina Code of State Regulations (SCCSR), Chapter 113, Article 4 “Electronic Notaries Public.”

   2. Citations: Citations to the SCCSR in this chapter follow this convention: SCCSR, chapter followed by a hyphen, article, which is the first digit in a 3-digit section number, and any subsections within the section separated by a period and/or brackets. Example: SCCSR 113-430.B[6].

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

   1. Paper Filing: The “Application/Renewal for Notary Public” form may be downloaded from the Secretary of State’s website.

   2. Oath: 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]).

   3. Voter Registration Number: The application must include the applicant’s voter registration number, which may be obtained from the local county voter registration office or the state election commission.

   4. Legislative Endorsements: 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[A]), 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.)

   5. Fee: $25 (SCC 26-1-30), payable in several methods described below.

      1. Check or Money Order (or Cash): Checks or money orders are payable to “SC Secretary of State.” 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.

      2. Credit or Debit Card: Applicants also may pay the fee by credit or debit card. “A link to a secured payment site will be e-mailed to you once the Secretary of State’s Office receives your application from the county legislative delegation office for you to make your credit card payment” (website, “Application /Renewal for Notary Public”).

   6. Enroll Commission: 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 process for reappointment to a new commission term 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

   1. Online Filing: Registrants seeking to register to perform electronic notarial acts must use the Secretary of State” Online Notary Portal: “A notary public must submit the application for registration electronically with the Secretary of State” (SCCSR 113-410.A).

   2. Registration Contents: “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” (SCCSR 113-410.A[9]).

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 26-2-30[A]; see also SCCSR 113-420.A).

6. Exam: Required. “Before performing electronic notary acts, an electronic notary public … shall pass an examination of this course” (SCC 26-2-30[A]; see also SCCSR 113-420.A).

7. Term: “Unless terminated pursuant to Section 26-2-140, the term of registration to perform electronic notarial acts shall begin on the registration starting date set by the Secretary of State and shall continue as long as the notary public's current commission remains valid” (SCC 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” (SCCSR 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

1. Notification Timeframe: “Within 45 days after the following changes in a Notary’s status, the Notary must notify the office of the Secretary of State” (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]).

2. Online or Paper Filing: The notification can be made using the Secretary of State’s Online Notary Portal or 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[B]).

3. Resignation

   1. Online or Paper Filing: To resign a Notary commission, the Notary must submit to the Secretary of State a “Change in Status Resignation Form” through the Secretary’s Online Notary Portal or by using a paper form that may be downloaded from the Secretary’s website. The resigning Notary must indicate the effective date of resignation (SCC 26-1-140[A]).

   2. Nonresident, Permanently Unable to Notarize: “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]).

   3. Destruction of Seals: “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]).

4. 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).

5. Electronic Notaries

   1. Notification Timeframe: “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” (SCCSR 113-460.A).

   2. Exception: “Nothing herein [SCCSR 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” (SCCSR 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 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. Definitions

   1. Acknowledgment: “‘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. Acknowledged Before Me: “The words “acknowledged before me” mean:
      “(1) That the person acknowledging appeared before the person taking the acknowledgment;
      “(2) That he acknowledged he executed the instrument;
      “(3) That, in the case of:
      “(a) A natural person, he executed the instrument for the purposes therein stated;
      “(b) A corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated;
      “(c) A partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he executed the instrument as the act of the partnership for the purposes therein stated;
      “(d) A person acknowledging as principal by an attorney in fact, he executed the instrument by proper authority as the act of the principal for the purposes therein stated;
      “(e) A person acknowledging as a public officer, trustee, administrator, guardian or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated; and
      “(4) That the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate” (SCC 26-3-60).

2. Requirements

   1. Appearance of Signer: “The person taking an acknowledgment shall certify that … [t]he person acknowledging appeared before him….” (SCC 26-3-40[1]; 26-1-5[1][a]).

   2. Presentation of Record: “‘Acknowledgment’ means a notarial act in which a notary certifies that, at a single time and place … an individual appeared in person before the notary and presented a record” (SCC 26-1-5[1][a]).

   3. Identity of Signer: “The person taking an acknowledgment shall certify that … [t]he 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[2]; (SCC 26-1-5[1][b]).

   4. Signature of Signer: “‘Acknowledgment’ means a notarial act in which a notary certifies that, at a single time and place … 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][c]).

   5. Acknowledgment of Signer: “The person taking an acknowledgment shall certify that … [t]he person acknowledging appeared before him and acknowledged he executed the instrument….” (SCC 26-3-40[1]; 26-1-5[1][a]).

Verifications or Proofs

1. Definitions

   1. Verification or Proof: “‘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]).

   2. Subscribing Witness: “‘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).

2. Requirements

   1. Appearance of Signer: When taking a verification or proof the Notary must certify that the individual making the verification or proving the document appeared in the Notary’s presence (SCC 26-1-5[21][a]).

   2. Identity of Signer: When taking a verification or proof the Notary must certify that the individual was personally known to the notary or identified through satisfactory evidence (SCC 26-1-5[21][b]).

   3. Signer not Disqualified: When taking a verification or proof the Notary must certify that the individual was not a party to or beneficiary of the transaction (SCC 26-1-5[21][c]).

   4. Oath/Affirmation of Signer: When taking a verification or proof the Notary must certify that the individual took an oath or gave an affirmation that the individual:

      1. Witnessed the principal who signed the record, or

      2. Received the acknowledgement of the principal's signature from the principal who signed the record (SCC 26-1-5[1][d]).

Oaths and Affirmations

Definitions

1. Oath: “‘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: “‘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

   1. Attest, Attestation: “‘Attest’ or ‘attestation’ means the completion of a certificate by a notary who has performed a notarial act” (SCC 26-1-5[3]).

   2. Jurat: “‘Jurat’ means a notary’s certificate evidencing the administration of an oath or affirmation” (SCC 26-1-5[6]).

2. Requirements

   1. Oath The “Notary Public Online Manual” provides the following wording for an oath in an affidavit or other sworn document: “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?”

   2. Affirmation: The “Notary Public Online Manual” provides the following wording for an affirmation in an affidavit or other sworn document: “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?”

   3. Witness Signature: The certificate for a jurat in the “Notary Public Online Manual” reads, “Sworn and subscribed before me…” indicating that the Notary must witness the signer execute the signature on the affidavit.

Marriage Ceremonies

1. Authority: 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.

2. Procedure: 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.

3. Sample Vows: 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 26-2-5[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 26-1-160[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]).

   2. Definitions

      1. 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]).

      2. 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]).

      3. 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]).

   3. Penalties: 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 26-1-160[G] and [H]).

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 [SCC] 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. General Prohibition: “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” (SCC 26-1-90[J]).

2. Specific Prohibitions: “A nonattorney notary may not assist another person in drafting, completing, selecting, or understanding a record or transaction requiring a notarial act” (SCC 26-1-90[J]).
   “There are many areas where notaries public may run into the unauthorized practice of law. Some examples of UPL are:
   “1. Drafting or completing a record or transaction that requires a notarial act;
   “2. Selecting or helping a person understand a record or transaction requiring a notarial act;
   “3. Preparation of legal documents;
   “4. Giving legal advice or answering legal questions;
   “5. Appearing in court on behalf of someone else;
   “6. Performing a real estate or mortgage loan closing; and
   “7. Title search and preparation of title documents” (NPOM).

3. Penalties: “[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).

4. Exception: The prohibitions against the unauthorized practice of law do 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]).

Immigration Assistance

1. Notarial Services: 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]).

2. Requirements and Restrictions

   1. Required Signs: An immigration services provider must post 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. Non-English Ads: In any advertisement for immigration notarial services in a language other than English, an immigration services provider must (with the exception of a single desk plaque), include 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. Translating ‘Notary,’ ‘Notary Public’: An immigration services provider must not literally translate “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. Misrepresentation: An immigration services provider must not represent or advertise 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” (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

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

2. Alternative: 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 Notarial Act

“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 26-1-160[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]).

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 November 30, 2022 – 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. Notarial Acts: “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[B]).

   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 26-2-5[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 SCCSR 113-510.B).

   6. Application: The South Carolina Code of Regulations provides the requirements for electronic notarization system provider applications (SCCSR 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” (SCCSR 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” (SCCSR 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” (SCCSR 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” (SCCSR 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 SCCSR 113-500.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]).
       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” (SCCSR 113-500.J).

   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 26-2-5[15]).

   15. 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” (SCCSR 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 [SCCSR] Regulation 113-510” (SCCSR 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” (SCCSR 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 26-2-5[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'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.