S.C. Code Ann. § 26-2-10 — SC Code / Title 26 / Chapter 2 / Section 26-2-10
SECTION 26-2-10. Application of Chapters 1 and 3 of this title; conflicts.
Status: in_force

The provisions of Chapters 1 and 3 of this title apply to all acts authorized pursuant to this chapter unless the provisions of Chapters 1 and 3 directly conflict with the provisions of this chapter. In that case, the provisions of this chapter control when applied to electronic notaries public and electronic notarial acts. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-220 — SC Code / Title 26 / Chapter 1 / Section 26-1-220
SECTION 26-1-220. Fee for issuing certificate of authority or Apostille.
Status: in_force

The Secretary of State may charge a reasonable fee for issuing a certificate of authority or an Apostille.
S.C. Code Ann. § 26-3-40 — SC Code / Title 26 / Chapter 3 / Section 26-3-40
SECTION 26-3-40. Substance of certification.
Status: in_force

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.
S.C. Code Ann. § 26-6-140 — SC Code / Title 26 / Chapter 6 / Section 26-6-140
SECTION 26-6-140. Automated transactions; formation of contract.
Status: in_force

In an automated transaction: (1) a contract may be formed by the interaction of electronic agents of the parties, even if an individual was not aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) a contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and (3) the terms of the contract are determined by the substantive law applicable to it.
S.C. Code Ann. § 26-2-5 — SC Code / Title 26 / Chapter 2 / Section 26-2-5
SECTION 26-2-5. Definitions.
Status: in_force

For the purposes of this chapter: (1) "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. (2) "Electronic" means relating to technology and having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) "Electronic document" or "electronic record" means information that is created, generated, sent, communicated, received, or stored by electronic means. (4) "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. (5) "Electronic notarial act" or "electronic notarization" means an official act by an electronic notary public that involves electronic documents. (6) "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. (7) "Electronic notarization system" means a set of applications, programs, hardware, software, or technologies designed to enable an electronic notary public to perform electronic notarizations. (8) "Electronic notary public" or "electronic notary" means a notary public who has registered with the Secretary of State to perform electronic notarial acts in conformance with this chapter. (9) "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. (10) "Electronic signature" means an electronic symbol or process attached to or logically associated with an electronic document that is executed or adopted by an individual with the intent to sign the document. (11) "Principal" has the same meaning as in Section 26-1-5. (12) "Public key certificate" means an electronic credential that is used to identify an individual who signed an electronic record with the certificate. (13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. (14) "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. (15) "Tamper evident" means that any change to a record shall provide evidence of the change. (16) "Verification of fact" means a notarial act in which an electronic notary reviews public or vital records, or other legally accessible data, to ascertain or confirm any of the following facts: (a) a date of birth, death, marriage, or divorce; (b) the name of a parent, a marital partner, offspring, or a sibling; or (c) any matter authorized for verification by a notary by other law or rule of this State. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-150 — SC Code / Title 26 / Chapter 1 / Section 26-1-150
SECTION 26-1-150. Death of notary.
Status: in_force

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.
S.C. Code Ann. § 26-1-230 — SC Code / Title 26 / Chapter 1 / Section 26-1-230
SECTION 26-1-230. Issuance of certificate of authority or Apostille.
Status: in_force

(A) 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. (B) The Secretary shall not issue a certificate of authority or an Apostille if: (1) a seal or signature cannot be authenticated by either the Secretary or another official; (2) the seal or signature is of a foreign official; or (3) the document is a facsimile, photocopy, photographic, or other reproduction of a signature or seal. (C) The Secretary may not include within the certificate of authority or Apostille any statement that is not within the Secretary's power or knowledge to authenticate. The Secretary may not certify that a document has been executed or certified in accordance with the law of any particular jurisdiction or that a document is a valid document in a particular jurisdiction.
S.C. Code Ann. § 26-3-80 — SC Code / Title 26 / Chapter 3 / Section 26-3-80
SECTION 26-3-80. Application of chapter.
Status: in_force

A notarial act performed prior to May, 8, 1972 is not affected by this chapter. This chapter provides an additional method of proving notarial acts. Nothing in this chapter diminishes or invalidates the recognition accorded to notarial acts by other laws or regulations of this State.
S.C. Code Ann. § 26-1-120 — SC Code / Title 26 / Chapter 1 / Section 26-1-120
SECTION 26-1-120. Notarial certificate.
Status: in_force

(A) 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. (B) By making or giving a notarial certificate, regardless of whether it is stated in the certificate, a notary certifies that: (1) at the time the notarial act was performed and the notarial certificate was signed by the notary, the notary was lawfully commissioned, the notary's commission had neither expired nor been suspended, the notarial act was performed within the geographic limits of the notary's commission, and the notarial act was performed in accordance with the provisions of this chapter; (2) 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 duress, or undue influence; and (3) the notary was not prohibited from acting pursuant to this chapter. (C) 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. (D) A notarial certificate for the acknowledgment must comply with Chapter 3, Title 26, the Uniform Recognition of Acknowledgments Act. (E) 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. (F) 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. (G) 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. (H) 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. Editor's Note Prior Laws: Former SECTION26-1-120 was titled Notary as stockholder, director, officer or employee of corporation; exercise of powers, and had the following history: 1962 Code SECTION 49-11; 1952 Code SECTION 49-11; 1942 Code SECTION 3463; 1932 Code SECTION 3463; Civ. C. '22 SECTION 821; Civ. C. '12 SECTION 736; Civ. C. '02 SECTION 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559. See now SECTION 26-1-190.
S.C. Code Ann. § 26-3-50 — SC Code / Title 26 / Chapter 3 / Section 26-3-50
SECTION 26-3-50. Form of certification.
Status: in_force

The form of a certificate of acknowledgment used by a person whose authority is recognized under SECTION 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.
S.C. Code Ann. § 26-1-20 — SC Code / Title 26 / Chapter 1 / Section 26-1-20
SECTION 26-1-20. Endorsement of application.
Status: in_force

(A) Each county legislative delegation shall determine whether the endorsement of notaries public must be by: (1) one-half of the members of the legislative delegation representing the county in which the applicant resides; or (2) endorsement by the senator and representative in whose district the applicant resides, without other endorsers. (B) Each county legislative delegation shall notify the Secretary of State in writing if it chooses to utilize subsection (A)(2) within the individual county. If the county legislative delegation chooses to utilize subsection (A)(2), the applicant, senator, and representative shall indicate their respective districts on the application provided to the Secretary of State. If the office of senator or representative from that district is vacant at the time the application is submitted, the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the county in which the applicant resides. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-1-190 — SC Code / Title 26 / Chapter 1 / Section 26-1-190
SECTION 26-1-190. Notary as stockholder, director, officer or employee of corporation; exercise of powers.
Status: in_force

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 the instrument or record that is the subject of the notarial act. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-3-10 — SC Code / Title 26 / Chapter 3 / Section 26-3-10
SECTION 26-3-10. Citation of chapter.
Status: in_force

This chapter may be cited as the Uniform Recognition of Acknowledgments Acts.
S.C. Code Ann. § 26-1-90 — SC Code / Title 26 / Chapter 1 / Section 26-1-90
SECTION 26-1-90. Powers of notary public.
Status: in_force

(A) A notary public may perform the following acts: (1) acknowledgments; (2) oaths and affirmations; (3) attestations and jurats; (4) signature witnessing; (5) verifications of fact; and (6) any other acts authorized by law. (B) A notarial act must be attested by the: (1) signature of the notary, exactly as shown on the notary's commission; (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; and (3) statement of the date the notary's commission expires. 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. (C) A notary may not perform a notarial act if the: (1) principal or subscribing witness is not in the notary's presence at the time the notarial act is performed; (2) principal or subscribing witness is not personally known to the notary or identified by the notary through satisfactory evidence; (3) 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; or (4) 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. (D) A notary shall not notarize a signature: (1) on a blank or incomplete document; or (2) on a document without notarial certificate wording. (E) A notary shall not certify or authenticate a photograph or photocopy. (F) 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. (G) 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. (H) 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. (I) 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. (J) 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. (K) 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. (L) A notary may not use the term "notario publico" or any equivalent non-English term in any business card, advertisement, notice, or sign. (M) A notary may not execute a certificate that is not written in the English language. 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. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-1-110 — SC Code / Title 26 / Chapter 1 / Section 26-1-110
SECTION 26-1-110. Notarizing a paper record.
Status: in_force

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. Editor's Note Prior Laws: Former SECTION26-1-110 was titled Attorney at law; exercise of powers as notary, and had the following history: 1962 Code SECTION 49-10; 1952 Code SECTION 49-10; 1942 Code SECTION 3463; 1932 Code SECTION 3463; Civ. C. '22 SECTION 821; Civ. C. '12 SECTION 736; Civ. C. '02 SECTION 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559. See now SECTION 26-1-180.
S.C. Code Ann. § 26-3-20 — SC Code / Title 26 / Chapter 3 / Section 26-3-20
SECTION 26-3-20. "Notarial acts" defined; notarial acts performed outside of State.
Status: in_force

For the purposes of this chapter, "notarial acts" means acts which the laws and regulations of this State authorize notaries public of this State to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents. 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.
S.C. Code Ann. § 26-1-40 — SC Code / Title 26 / Chapter 1 / Section 26-1-40
SECTION 26-1-40. Oath.
Status: in_force

A notary public shall take the oath of office prescribed by the Constitution, and a certified copy of the written oath must be recorded in the office of the Secretary of State. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-2-150 — SC Code / Title 26 / Chapter 2 / Section 26-2-150
SECTION 26-2-150. Unlawful acts; penalties.
Status: in_force

(A) It is unlawful for a person to knowingly: (1) act as or otherwise impersonate an electronic notary public, if that person is not an electronic notary public; (2) obtain, conceal, damage, or destroy the coding, disk, certificate, card, token, program, software, or hardware that is intended exclusively to enable an electronic notary public to produce a registered electronic signature, electronic seal, or single element combining the required features of an electronic signature and electronic seal; or (3) solicit, coerce, or in any way influence an electronic notary public to commit official misconduct. (B) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars, imprisoned for not more than one year, or both. (C) The sanctions of this chapter do not preclude other sanctions and remedies provided by law. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-20 — SC Code / Title 26 / Chapter 2 / Section 26-2-20
SECTION 26-2-20. Electronic notary public; registration; approval and rejection of registration applications.
Status: in_force

(A) A notary public commissioned in this State may become an electronic notary public in accordance with this section. 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. 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. (B) 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. (C) An individual registering to perform electronic notarial acts shall submit to the Secretary of State an application in a format prescribed by the Secretary of State that includes: (1) proof of the successful completion of the course and examination required pursuant to Section 26-2-30; (2) the disclosure of any and all license or commission revocations or other disciplinary actions against the individual; and (3) any other information, evidence, or declarations required by the Secretary of State. (D) Upon the individual's fulfillment of the requirements for registration under this chapter, the Secretary of State shall approve the registration and issue to the individual a unique registration number. (E) The Secretary of State may reject a registration application if the individual fails to comply with any section of this chapter. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-6-70 — SC Code / Title 26 / Chapter 6 / Section 26-6-70
SECTION 26-6-70. Legality of electronic contracts, records, and signatures.
Status: in_force

(A) A record or signature must not be denied legal effect or enforceability solely because it is in electronic form. (B) A contract must not be denied legal effect or enforceability solely because an electronic record is used in its formation. (C) An electronic record satisfies a law requiring a record to be in writing. (D) An electronic signature satisfies a law requiring a signature.
S.C. Code Ann. § 26-2-210 — SC Code / Title 26 / Chapter 2 / Section 26-2-210
SECTION 26-2-210. Requirement that a licensed South Carolina attorney supervise a closing.
Status: in_force

Nothing in this chapter contravenes the South Carolina law that requires a licensed South Carolina attorney to supervise a closing. Code Commissioner's Note At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 4 and Section 5 of 2021 Act No. 85 were codified as Section 26-2-200 and Section 26-2-210, respectively. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-90 — SC Code / Title 26 / Chapter 2 / Section 26-2-90
SECTION 26-2-90. Creation and maintenance of electronic journal for electronic notarial acts.
Status: in_force

(A) An electronic notary public shall create and maintain an electronic journal of each electronic notarial act. 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. (B) An electronic notary public may not record a Social Security number in the electronic journal. (C) 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. (D) 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. (E) 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. 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. (F) 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. (G) 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. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-160 — SC Code / Title 26 / Chapter 2 / Section 26-2-160
SECTION 26-2-160. Applicability of Chapter 1 of this title.
Status: in_force

The provisions contained in Chapter 1 of this title, with regard to notarial certificates, are applicable for the purposes of this chapter. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-6-120 — SC Code / Title 26 / Chapter 6 / Section 26-6-120
SECTION 26-6-120. Satisfying law requiring a record to be maintained; checks.
Status: in_force

(A) A law requiring a record to be retained is satisfied by retaining an electronic record of the information that: (1) accurately reflects the information in the record after it was first generated in its final form as an electronic record or otherwise; and (2) remains accessible for later reference. (B) A requirement to retain a record in accordance with subsection (A) does not apply to information whose only purpose is to enable the record to be sent, communicated, or received. (C) A person may satisfy subsection (A) by using the services of another person if the requirements of that subsection are satisfied otherwise. (D) A law requiring a record to be presented or retained in its original form, or providing consequences if the record is not presented or retained in its original form, is satisfied by an electronic record retained in accordance with subsection (A). (E) A law requiring retention of a check is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (A). (F) A record retained as an electronic record in accordance with subsection (A) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose. (G) This section does not preclude a governmental agency of this State from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
S.C. Code Ann. § 26-1-140 — SC Code / Title 26 / Chapter 1 / Section 26-1-140
SECTION 26-1-140. Resignation of commission.
Status: in_force

(A) A notary who resigns the notary's commission shall submit to the Secretary a Change in Status Form indicating the effective date of resignation. (B) 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. (C) A notary who resigns his commission shall destroy or deface all notary seals so that they may not be misused.
S.C. Code Ann. § 26-2-120 — SC Code / Title 26 / Chapter 2 / Section 26-2-120
SECTION 26-2-120. Electronic notary solution providers; registration with Secretary of State.
Status: in_force

(A) 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. (B) An electronic notarization system shall comply with all regulations promulgated by the Secretary of State. (C) 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. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-180 — SC Code / Title 26 / Chapter 2 / Section 26-2-180
SECTION 26-2-180. Electronic certificate of authority.
Status: in_force

(A) An electronic certificate of authority evidencing the authenticity of the official electronic signature and electronic seal of an electronic notary public of this State shall substantially contain the following words: "Certificate of Authority for an Electronic Notarial Act I, ______________ [name, title, jurisdiction of commissioning official] certify that ________________ [name of electronic notary], the person named as an electronic notary public in the attached or associated document, was indeed registered as an electronic notary public for the State of South Carolina and authorized to act as such at the time of the document's electronic notarization. To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this _________ day of ___________, 20__. [Electronic signature and electronic seal of the commissioning official]". (B) The Secretary of State may charge ten dollars for issuing an electronic certificate of authority. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-140 — SC Code / Title 26 / Chapter 2 / Section 26-2-140
SECTION 26-2-140. Liability, sanctions, and remedies for improper performance of electronic notarial acts; termination of electronic notary public's registration.
Status: in_force

(A) 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. (B)(1) The Secretary of State may terminate an electronic notary public's registration for one or more of the following reasons: (a) the submission of an electronic registration form containing a material misstatement or omission of fact; (b) the failure to maintain the capability to perform electronic notarial acts; or (c) official misconduct by the electronic notary public. (2) If the Secretary of State terminates an electronic notary public's registration, then the Secretary of State shall send written notice by certified mail to the electronic notary public at his last known address. A person who has had his electronic notary public registration terminated has thirty days from the receipt of the notice to appeal the termination by filing a request for a contested case hearing with the South Carolina Administrative Law Court. (3) Neither resignation nor expiration of a notary commission or of an electronic notary public registration precludes or terminates an investigation by the Secretary of State into an electronic notary public's conduct. The investigation may be pursued to a conclusion, when it must be made a matter of public record whether the finding would have been grounds for the termination of the electronic notary public's commission or registration. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-110 — SC Code / Title 26 / Chapter 2 / Section 26-2-110
SECTION 26-2-110. Requirements of electronic notarization system.
Status: in_force

(A) An electronic notarization system shall comply with this chapter and any regulations promulgated by the Secretary of State pursuant to Section 26-2-190. (B) An electronic notarization system shall require access to the system by a password or other secure means of authentication. (C) 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. (D) An electronic notarization system shall render every electronic notarial act tamper evident. (E) 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. (F) A former electronic notary public whose previous commission expired need not comply with subsection (E) if this individual, within three months after commission expiration, is recommissioned as a notary public and reregistered to perform electronic notarial acts. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-60 — SC Code / Title 26 / Chapter 2 / Section 26-2-60
SECTION 26-2-60. Attachment of electronic notarial certificate; requirements; electronic seals.
Status: in_force

(A) 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. (B) All components in subsection (A)(2) through (5) 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. (C) 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. (D) 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. (E) 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. The electronic seal of an electronic notary public may not be used for any purpose other than performing electronic notarizations under this chapter. (F) Only the electronic notary public whose name and registration number appear on an electronic seal shall generate that electronic seal. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-200 — SC Code / Title 26 / Chapter 1 / Section 26-1-200
SECTION 26-1-200. Notarized document sent to another state or nation.
Status: in_force

On a notarized document sent to another state or nation, evidence of the authenticity of the official seal and signature of a notary of this State, if required, shall be in the form of: (1) a certificate of authority from the Secretary of State or designated local official, authenticated as necessary by additional certificates from the United States or foreign government agencies; or (2) in the case of a notarized document to be used in a nation that has signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October 5, 1961, an Apostille from the federally designated official in the form prescribed by the Convention, with no additional authenticating certificates required.
S.C. Code Ann. § 26-1-60 — SC Code / Title 26 / Chapter 1 / Section 26-1-60
SECTION 26-1-60. Seal of office; notary shall indicate date of expiration of commission.
Status: in_force

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. The absence of the seal of office or date of expiration does not render his notarial acts invalid if his official title is affixed to it. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-1-15 — SC Code / Title 26 / Chapter 1 / Section 26-1-15
SECTION 26-1-15. Qualifications for notarial commission.
Status: in_force

A person qualified for a notarial commission: (1) must be a registered voter in this State; (2) shall read and write the English language; and (3) shall submit an application containing no significant misstatement or omission of fact. The application form must be provided by the Secretary and must include the signature of the applicant written with pen and ink, and the signature must be acknowledged as the applicant's by a person authorized to administer oaths.
S.C. Code Ann. § 26-2-40 — SC Code / Title 26 / Chapter 2 / Section 26-2-40
SECTION 26-2-40. Notarial acts which may be performed electronically.
Status: in_force

The following notarial acts may be performed electronically: (1) acknowledgments; (2) oaths and affirmations; (3) attestations and jurats; (4) signature witnessing; (5) verifications of fact; (6) certification that a tangible copy of an electronic record is an accurate copy of the electronic record; and (7) any other acts authorized by law. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-10 — SC Code / Title 26 / Chapter 1 / Section 26-1-10
SECTION 26-1-10. Appointment and term.
Status: in_force

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. A commission must be issued to each notary public so appointed and the record of the appointment must be filed in the Office of the Secretary of State. Effect of Amendment 2014 Act No. 185, SECTION 1, deleted the former third and fourth sentences, relating to commissions issued before and after July 1, 1967; and made other nonsubstantive changes.
S.C. Code Ann. § 26-2-30 — SC Code / Title 26 / Chapter 2 / Section 26-2-30
SECTION 26-2-30. Required course of instruction and examination.
Status: in_force

(A) 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, and shall pass an examination of this course. (B) The content of the course and the basis of the examination must be notarial laws, procedures, technology, and ethics as they pertain to notarizations and electronic notarizations. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-3-90 — SC Code / Title 26 / Chapter 3 / Section 26-3-90
SECTION 26-3-90. Construction.
Status: in_force

This chapter shall be so interpreted as to make uniform the laws of those states which enact it.
S.C. Code Ann. § 26-2-80 — SC Code / Title 26 / Chapter 2 / Section 26-2-80
SECTION 26-2-80. Use of electronic signature and electronic seal limited to proper electronic notarial acts; electronic notarization system; regulations.
Status: in_force

(A) 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. (B) 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. (C) 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. (D) 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. (E) The Secretary of State shall promulgate regulations necessary to establish standards, procedures, practices, forms, and records relating to an electronic notary public's electronic signature and electronic seal. The electronic notary public's electronic seal and electronic signature must conform to all standards adopted by the Secretary of State. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-200 — SC Code / Title 26 / Chapter 2 / Section 26-2-200
SECTION 26-2-200. Applicability of chapter to wills and trusts.
Status: in_force

This chapter does not apply to wills and trusts in South Carolina. Code Commissioner's Note At the direction of the Code Commissioner, pursuant to the authority to codify permanent law, the provisions of Section 4 and Section 5 of 2021 Act No. 85 were codified as Section 26-2-200 and Section 26-2-210, respectively. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-50 — SC Code / Title 26 / Chapter 1 / Section 26-1-50
SECTION 26-1-50. Enrollment of commission.
Status: in_force

Within fifteen days after he has been commissioned, a notary public must exhibit his commission to the clerk of the court of the county in which he resides and be enrolled by the clerk. Effect of Amendment 2014 Act No. 185, SECTION 1, made nonsubstantive changes.
S.C. Code Ann. § 26-6-160 — SC Code / Title 26 / Chapter 6 / Section 26-6-160
SECTION 26-6-160. Establishing person as having control of transferable record; rights and defenses; proof of control.
Status: in_force

(A) In this section, "transferable record" means an electronic record that: (1) would be a negotiable instrument under Chapter 3 of Title 36 or a document of title under Chapter 7 of Title 36 if the electronic record were in writing; and (2) the issuer of the electronic record expressly has agreed is a transferable record. (B) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (C) A system satisfies subsection (B), and a person is considered to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) there exists a single authoritative copy of the transferable record that is unique, identifiable, and, except as otherwise provided in items (4), (5), and (6), unalterable; (2) the authoritative copy identifies the person asserting control as the person to which the transferable record was: (a) issued; or (b) most recently transferred, if the authoritative copy indicates that the transferable record has been transferred; (3) the authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) copies or revisions that add or change an identified assignee of the authoritative copy are made only with the consent of the person asserting control; (5) each copy of the authoritative copy and a copy of a copy are readily identifiable as copies that are not the authoritative copy; and (6) a revision of the authoritative copy is readily identifiable as authorized or unauthorized. (D) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in Section 36-1-201(20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing pursuant to Title 36, including the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively if the applicable statutory requirements pursuant to Section 36-3-302, 36-7-501, or 36-9-308 are satisfied. Delivery, possession, and endorsement are not required to obtain or exercise the rights pursuant to this subsection. (E) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings pursuant to Title 36. (F) The person seeking to enforce the transferable record shall provide, upon request, reasonable proof that he is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
S.C. Code Ann. § 26-2-70 — SC Code / Title 26 / Chapter 2 / Section 26-2-70
SECTION 26-2-70. Fees for electronic notarial acts.
Status: in_force

(A) An electronic notary public may charge the maximum fee for performing an electronic notarial act specified in subsection (B), charge less than the maximum fee, or waive the fee. (B) The maximum fees that may be charged by an electronic notary public for performing electronic notarial acts are: (1) for acknowledgments, ten dollars per signature; (2) for oaths and affirmations, ten dollars per signature; (3) for attestations and jurats, ten dollars per signature; (4) for signature witnessing, ten dollars per signature; (5) for verifications of fact, ten dollars per signature; and (6) for any other acts authorized by law, ten dollars per signature. (C) An electronic notary public may charge a travel fee when traveling to perform an electronic notarial act if: (1) the electronic notary public and the person requesting the electronic notarial act agree upon the travel fee in advance of the travel; and (2) the electronic notary public explains to the person requesting the electronic notarial act that the travel fee is both separate from the notarial fee prescribed by subsection (B) and neither specified nor mandated by law. (D) An electronic notary public who charges fees for performing electronic notarial acts shall conspicuously display in all of the electronic notary public's places of business and Internet websites, or present to each principal or requester of fact when outside these places of business, an English-language schedule of maximum fees for electronic notarial acts, as specified in subsection (B). A notarial fee schedule may not appear or be printed in smaller than ten-point type. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-6-110 — SC Code / Title 26 / Chapter 6 / Section 26-6-110
SECTION 26-6-110. Satisfying requirement that signature or record be notarized.
Status: in_force

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.
S.C. Code Ann. § 26-6-80 — SC Code / Title 26 / Chapter 6 / Section 26-6-80
SECTION 26-6-80. Satisfying requirement that information be in writing; complying with manner of transmission and format requirements; exceptions.
Status: in_force

(A) If parties agree to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (B) If another provision of law requires a record to be posed or displayed in a certain manner, be sent, communicated, or transmitted by a specified method, or contain information formatted in a certain manner, the record must: (1) be posted or displayed in the manner specified in the other law; (2) be sent, communicated, or transmitted by the method specified in the other law, except as otherwise provided in subsection (D)(2); and (3) contain the information formatted in the manner specified in the other law. (C) The electronic record is not enforceable against the recipient if a sender inhibits the ability of a recipient to store or print an electronic record. (D) The requirements of this section shall not be varied by agreement, except that: (1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement pursuant to subsection (A) that the information be in the form of an electronic record capable of retention also may be varied by agreement; and (2) a requirement pursuant to a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, or regular United States mail, may be varied by agreement to the extent permitted by the other law.
S.C. Code Ann. § 26-6-30 — SC Code / Title 26 / Chapter 6 / Section 26-6-30
SECTION 26-6-30. Applicability to electronic records and electronic signatures relating to transaction; exceptions.
Status: in_force

(A) Except as otherwise provided in subsection (B), this chapter applies to electronic records and electronic signatures relating to a transaction. (B) This chapter does not apply to a transaction: (1) in connection with an order for prescription drugs; or (2) to the extent the transaction is governed by: (a) a law governing the creation and execution of wills, codicils, or testamentary trusts; (b) the Uniform Commercial Code, other than Sections 36-1-107 and 36-1-206, Chapter 2 of Title 36, and Chapter 2A of Title 36; or (c) the Electronic Signatures in Global and National Commerce Act, 114 Stat. 464, 15 U.S.C. at 7001 et seq., but it is not intended to limit, modify, or supersede Section 101(c) of the act, and to the extent that the notices exempted below are excluded from the scope of the Electronic Signatures in Global and National Commerce Act, 114 Stat. 464, 15 U.S.C. at 7003, this chapter of Title 26 does not apply to a notice required by law regarding: (i) the cancellation or termination of utility services (including water, heat, and power); (ii) default, acceleration, repossession, foreclosure, eviction, or the right to cure under a credit agreement secured by a primary residence of an individual or a rental agreement for a primary residence of an individual; (iii) the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; (iv) the recall of a product or material failure of a product, that risks endangering health or safety; or (v) a law requiring a document to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials. (C) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of the chapter pursuant to subsection (B) to the extent it is governed by a law other than those specified in subsection (B). (D) A transaction subject to this chapter is also subject to other applicable substantive law. Editor's Note Section 36-1-107, referenced in subsection (B)(2)(b), was amended by 2014 Act No. 213, SECTION 1. The former subject matter of Section 36-1-107 is now contained in Section 36-1-306.
S.C. Code Ann. § 26-6-60 — SC Code / Title 26 / Chapter 6 / Section 26-6-60
SECTION 26-6-60. Construction and application.
Status: in_force

This chapter must be construed and applied to: (1) facilitate electronic transactions consistent with other applicable law; (2) be consistent with reasonable practice concerning electronic transactions and with continued expansion of those practices; and (3) effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
S.C. Code Ann. § 26-1-180 — SC Code / Title 26 / Chapter 1 / Section 26-1-180
SECTION 26-1-180. Attorney at law; exercise of powers as notary.
Status: in_force

An 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. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-6-150 — SC Code / Title 26 / Chapter 6 / Section 26-6-150
SECTION 26-6-150. When electronic record sent and received.
Status: in_force

(A) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) is in a form capable of being processed by that system; and (3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient and under the control of the recipient. (B) Unless otherwise agreed between a sender and the recipient, an electronic record is received when it: (1) enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) is in a form capable of being processed by that system. (C) Subsection (B) applies even if the place the information processing system is located is different from the place the electronic record is considered to be received pursuant to subsection (D). (D) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is considered to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the place of business is: (1) the place having the closest relationship to the underlying transaction, if the sender or recipient has more than one place of business; and (2) the sender's or recipient's residence, if the sender or the recipient does not have a place of business. (E) An electronic record is received pursuant to subsection (B) even if an individual is not aware of its receipt. (F) Receipt of an electronic acknowledgment from an information processing system described in subsection (B) establishes that a record was received but is not sufficient to establish that the content sent corresponds to the content received. (G) If a person is aware that an electronic record purportedly sent pursuant to subsection (A), or purportedly received pursuant to subsection (B), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection shall not be varied by agreement.
S.C. Code Ann. § 26-1-80 — SC Code / Title 26 / Chapter 1 / Section 26-1-80
SECTION 26-1-80. Jurisdiction.
Status: in_force

The jurisdiction of notaries public extends throughout the State. Effect of Amendment 2014 Act No. 185, SECTION 1, made nonsubstantive changes.
S.C. Code Ann. § 26-6-20 — SC Code / Title 26 / Chapter 6 / Section 26-6-20
SECTION 26-6-20. Definitions.
Status: in_force

As used in this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures giving the effect of agreements under law otherwise applicable to a particular transaction. (2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of any of the parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (3) "Computer program" means a set of statements or instructions used directly or indirectly in an information processing system to bring about a certain result. (4) "Contract" means the total legal obligation resulting from the agreement of the parties as affected by this chapter and other applicable law. (5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. (7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (9) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (10) "Individual" means a single natural person; one human being. (11) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or other forms for the communication or reception of knowledge. (12) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (13) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity. (14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (15) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (17) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. (18) "United States Postal Service Electronic Postmark" means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a certain form at a certain time and the electronic document was opened or the contents of the electronic document were displayed at a time and date documented by the United States Post Office.
S.C. Code Ann. § 26-6-195 — SC Code / Title 26 / Chapter 6 / Section 26-6-195
SECTION 26-6-195. Service of process to e-mail address by government agency.
Status: in_force

Notwithstanding any other provisions in this chapter, a governmental agency may use, in accordance with policies and procedures developed by the South Carolina Department of Administration and as circumstances allow, in order to perfect service of process of any communication, an e-mail address from any vendor, entity, or individual the governmental agency regulates or does business with, or an e-mail address from the agent for service of process of that vendor, entity, or individual. Such communication postmarked by a United States Postal Service Electronic Postmark shall have the same force of law as the United States Post Office certified mail-return receipt requested. The South Carolina Department of Administration shall devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to state agencies and operations. These policies and procedures, where necessary, must consider the persons or entities which do not have an e-mail address. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 26-1-160 — SC Code / Title 26 / Chapter 1 / Section 26-1-160
SECTION 26-1-160. Unlawful acts; forfeiture of commission; penalties.
Status: in_force

(A) Except as otherwise permitted by law, a person who commits one of the following acts is guilty of a misdemeanor: (1) holding one's self out to the public as a notary if the person does not have a commission; (2) performing a notarial act if the person's commission has expired or been suspended or restricted; or (3) performing a notarial act before the person had taken the oath of office. (B) A notary is guilty of a misdemeanor if the notary takes: (1) an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary; (2) a verification or proof without the subscribing witness appearing in person before the notary; (3) an acknowledgment or administers an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal; (4) a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness; or (5) an acknowledgment or a verification or proof or administers an oath or affirmation if the notary knows it is false or fraudulent. (C) It is a misdemeanor for a person to perform notarial acts in this State with the knowledge that he is not commissioned pursuant to this chapter. (D) A person who without authority obtains, uses, conceals, defaces, or destroys the seal or notarial records of a notary is guilty of a misdemeanor. (E) A person who knowingly solicits, coerces, or in a material way influences a notary to commit official misconduct is guilty of aiding and abetting and is subject to the same level of punishment as the notary. (F) The sanctions and remedies of this chapter supplement other sanctions and remedies provided by law. (G) A notary public convicted under the provisions of this section must forfeit his commission and must not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State within ten days after conviction. (H) A person who violates the provisions of subsections (A), (B), (C), (D), or (E) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. (I) The Secretary of State may terminate a notary public's commission upon notification that the notary public has been charged with an offense listed in this section or may terminate the notary public's commission at any subsequent point until the final adjudication of the charges. If the Secretary of State terminates a notary public's commission, then the Secretary of State shall send written notice by certified mail to the notary public at his last known address. A person who has had his notary public commission terminated has thirty days from the receipt of the notice to appeal the termination by filing a request for a contested case hearing with the South Carolina Administrative Law Court. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State." Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section. 2021 Act No. 85, SECTION 3, added (I).
S.C. Code Ann. § 26-1-170 — SC Code / Title 26 / Chapter 1 / Section 26-1-170
SECTION 26-1-170. Criminal jurisdiction.
Status: in_force

A notary public has no power or jurisdiction in criminal cases. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-2-130 — SC Code / Title 26 / Chapter 2 / Section 26-2-130
SECTION 26-2-130. Electronic notary public to utilize current registered devices.
Status: in_force

(A) 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. (B) 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. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-30 — SC Code / Title 26 / Chapter 1 / Section 26-1-30
SECTION 26-1-30. Fee for issuance or renewal of commission.
Status: in_force

The fee for the issuance or renewal of a commission is twenty-five dollars, collected by the Secretary of State as other fees. Effect of Amendment 2014 Act No. 185, SECTION 1, reenacted the section with no apparent change.
S.C. Code Ann. § 26-1-100 — SC Code / Title 26 / Chapter 1 / Section 26-1-100
SECTION 26-1-100. Fees for notary acts.
Status: in_force

(A) The maximum fees that may be charged by a notary for a notarial act is: (1) for an acknowledgment, five dollars per signature; (2) for an oath or affirmation without a signature, five dollars per person; (3) for a jurat, five dollars per signature; (4) for a signature witnessing, five dollars per signature; and (5) for a verification of fact, five dollars per certificate. (B) 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. (C) 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 prescribed by subsection (A) and is neither specified nor mandated by law. (D) Nothing in this chapter compels a notary to charge a fee. Editor's Note Prior Laws: Former SECTION26-1-100 was titled Criminal jurisdiction, and had the following history: 1962 Code SECTION 49-9; 1952 Code SECTION 49-9; 1942 Code SECTION 3464; 1932 Code SECTION 3464; Civ. C. '22 SECTION 822; Civ. C. '12 SECTION 737; Civ. C. '02 SECTION 666; G. S. 524; R. S. 582, 829; 829 (6) 387. See now SECTION 26-1-170.
S.C. Code Ann. § 26-6-180 — SC Code / Title 26 / Chapter 6 / Section 26-6-180
SECTION 26-6-180. Government agencies sending and accepting electronic records and signatures; format.
Status: in_force

(A) Each governmental agency of this State shall determine if, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (B) To the extent that a governmental agency uses electronic records and electronic signatures pursuant to subsection (A), the governmental agency, in consultation with the South Carolina Department of Administration, giving due consideration to security, may specify: (1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, a third party used by a person filing a document to facilitate the process; (3) control processes and procedures appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) other attributes required for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. (C) Except as otherwise provided in Section 26-6-120, this chapter does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 26-6-100 — SC Code / Title 26 / Chapter 6 / Section 26-6-100
SECTION 26-6-100. Change or error in transmission of electronic record; circumstances under which effect may be avoided; applicability of other law.
Status: in_force

(A) If a change or error occurs in the transmission of an electronic record between parties to a transaction: (1) the conforming party may avoid the effect of the changed or erroneous electronic record, if the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure but the other party has not and the nonconforming party would have detected the change or error had he also conformed; (2) an individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (a) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (b) takes reasonable steps, including steps that conform to the reasonable instructions of the other person, to return or destroy, as instructed, the consideration received as a result of the erroneous electronic record; and (c) has not used or received any benefit or value from the consideration received from the other person. (B) If subsection (A) does not apply, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any. (C) The provisions of subsections (A)(2) and (B) shall not be varied by agreement.
S.C. Code Ann. § 26-1-5 — SC Code / Title 26 / Chapter 1 / Section 26-1-5
SECTION 26-1-5. Definitions.
Status: in_force

For purposes of this chapter: (1) "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. (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". (3) "Attest" or "attestation" means the completion of a certificate by a notary who has performed a notarial act. (4) "Commission" means the empowerment to perform notarial acts and the written evidence of authority to perform those acts. (5) "Credible witness" means an individual who is personally known to the notary and 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. (6) "Jurat" means a notary's certificate evidencing the administration of an oath or affirmation. (7) "Moral turpitude" means conduct contrary to expected standards of honesty, morality, or integrity. (8) "Notarial act", "notary act", and "notarization" mean acts that the laws and regulations of this State authorize notaries public of this State to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents. (9) "Notarial certificate" and "certificate" mean the portion of a notarized record that is completed by the notary, bears the notary's signature and seal, and states the facts attested by the notary in a particular notarization. (10) "Notary public" and "notary" mean a person commissioned to perform notarial acts pursuant to this chapter. A notary is a public officer of the State of South Carolina and shall act in full and strict compliance with this chapter. (11) "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 word "swear". (12) "Official misconduct" means a notary's performance of a prohibited act or failure to perform a mandated act set forth in this chapter or other law in connection with notarization. (13) "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. (14) "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. (15) "Principal" means: (a) in the case of an acknowledgment, the individual whose identity and due execution of a record is being certified by the notary; (b) in the case of a verification or proof, the individual other than a subscribing witness whose identity and due execution of the record are being proven or signature is being identified as genuine; and (c) in the case of an oath or affirmation, the individual who makes a vow of truthfulness on penalty of perjury. (16) "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. (17) "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) upon 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). (18) "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. (19) "Secretary" means the South Carolina Secretary of State or the Secretary's designee. (20) "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. (21) "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 acknowledgement of the principal's signature from the principal who signed the record.
S.C. Code Ann. § 26-6-90 — SC Code / Title 26 / Chapter 6 / Section 26-6-90
SECTION 26-6-90. Showing that electronic record or signature is attributable to a person; effect of electronic record or signature.
Status: in_force

(A) An electronic record or electronic signature is attributable to a person if it is the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (B) The effect of an electronic record or electronic signature attributed to a person pursuant to subsection (A) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and as otherwise provided by law.
S.C. Code Ann. § 26-3-70 — SC Code / Title 26 / Chapter 3 / Section 26-3-70
SECTION 26-3-70. Statutory Short Forms of Acknowledgment.
Status: in_force

The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any law of this State. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms.
S.C. Code Ann. § 26-3-60 — SC Code / Title 26 / Chapter 3 / Section 26-3-60
SECTION 26-3-60. "Acknowledged before me" defined.
Status: in_force

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.
S.C. Code Ann. § 26-2-170 — SC Code / Title 26 / Chapter 2 / Section 26-2-170
SECTION 26-2-170. Electronic evidence of authenticity of official electronic signature and electronic seal.
Status: in_force

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. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-6-190 — SC Code / Title 26 / Chapter 6 / Section 26-6-190
SECTION 26-6-190. Development of standards and procedures; service of process.
Status: in_force

(A) The South Carolina Department of Administration shall adopt standards to coordinate, create, implement, and facilitate the use of common approaches and technical infrastructure, as appropriate, to enhance the utilization of electronic records, electronic signatures, and security procedures by and for public entities of the State. Local political subdivisions may consent to be governed by these standards. (B) The Secretary of State may develop, implement, and facilitate the use of model procedures for the use of electronic records, electronic signatures, and security procedures for all other purposes, including private commercial transactions and contracts. The Secretary of State also may promulgate regulations as to methods, means, and standards for secure electronic transactions including administration by the Secretary of State or the licensing of third parties to serve in that capacity, or both. (C) In accordance with Sections 26-6-20(18) and 26-6-195, and in reference to all South Carolina laws, rules, and regulations pertaining to service of process where service shall be made on entities described in Rule 4(d)(3) of the South Carolina Rules of Civil Procedure, those entities shall be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by: (1) registered or certified mail-return receipt requested, addressed to the office of the registered agent; (2) registered or certified mail-return receipt requested, addressed to the office of the secretary of the corporation at its principal office; (3) e-mailing the service of process that has been postmarked by a United States Postal Service Electronic Postmark in a manner approved by the South Carolina Supreme Court to an e-mail address registered with the Secretary of State for the corporation; or (4) e-mailing the service of process that has been postmarked by a United States Postal Service Electronic Postmark in a manner approved by the South Carolina Supreme Court to an e-mail address registered with the Secretary of State for the agent for service of process for the corporation. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 26-6-10 — SC Code / Title 26 / Chapter 6 / Section 26-6-10
SECTION 26-6-10. Short title; purpose.
Status: in_force

(A) This chapter may be cited as the "Uniform Electronic Transactions Act". (B) Consistent with the provisions of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7002(a), this chapter provides alternative procedures or requirements for the use of electronic records to establish the legal effect or validity of records in electronic transactions.
S.C. Code Ann. § 26-1-130 — SC Code / Title 26 / Chapter 1 / Section 26-1-130
SECTION 26-1-130. Changes in Notary's status.
Status: in_force

(A) Within forty-five days after the following changes in a notary's status, the notary must notify the Office of the Secretary of State the: (1) change of a notary's residence, business, or a mailing address or telephone number. The notary's term expires at the same time as the original term; (2) legal change of a notary's 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. The notary's term expires at the same time as the original term; and (3) change of a notary's 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. (B) Notifications to the Office of the Secretary of State required by this section, must be made on a Change in Status Form, accompanied by a fee of ten dollars, and in a form and manner that is prescribed by the Secretary. Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section.
S.C. Code Ann. § 26-1-25 — SC Code / Title 26 / Chapter 1 / Section 26-1-25
SECTION 26-1-25. Additional methods of endorsement of applications.
Status: in_force

(A) In addition to the methods of endorsement of applications for notary public commissions provided in Section 26-1-20, a legislator may provide for the endorsement of these applications by authorizing either the member serving as chairman or the member serving as secretary of the legislative delegation of the county in which the applicant resides to sign on the legislator's behalf. (B) A copy of the resolution adopting any or all of these endorsement methods for a county must be forwarded to the Secretary of State, after which the method or methods of endorsement shall continue to apply in the county unless rescinded by a later delegation resolution. Effect of Amendment 2014 Act No. 185, SECTION 1, added the paragraph designators; and in subsection (B), substituted "later" for "subsequent".
S.C. Code Ann. § 26-6-40 — SC Code / Title 26 / Chapter 6 / Section 26-6-40
SECTION 26-6-40. Prospective application of chapter.
Status: in_force

This chapter applies to an electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.
S.C. Code Ann. § 26-1-210 — SC Code / Title 26 / Chapter 1 / Section 26-1-210
SECTION 26-1-210. Certificate of authority.
Status: in_force

A certificate of authority evidencing the authenticity of the official seal and signature of a notary of this State shall be substantially in the following form: "Certificate of Authority for Notarial Act I, ____________(name of Secretary of State), South Carolina Secretary of State, certify that ____________ (name of notary), the person named in the seal and signature on the attached document, was a Notary Public for the State of South Carolina and authorized to act as such at the time of the document's notarization. To verify this Certificate of Authority for a Notarial Act, I have affixed below my signature and seal of office this _____ day of_________, 20___." (Signature and seal of commissioning official)
S.C. Code Ann. § 26-3-30 — SC Code / Title 26 / Chapter 3 / Section 26-3-30
SECTION 26-3-30. Proof of authority.
Status: in_force

(a) 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.
S.C. Code Ann. § 26-6-170 — SC Code / Title 26 / Chapter 6 / Section 26-6-170
SECTION 26-6-170. Creation and retention of electronic records by government agencies.
Status: in_force

Each governmental agency of this State shall determine if, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
S.C. Code Ann. § 26-6-130 — SC Code / Title 26 / Chapter 6 / Section 26-6-130
SECTION 26-6-130. Admissibility as evidence.
Status: in_force

Evidence of a record or signature may not be excluded in a proceeding solely because the record or signature is in electronic form.
S.C. Code Ann. § 26-6-50 — SC Code / Title 26 / Chapter 6 / Section 26-6-50
SECTION 26-6-50. Agreement of parties to conduct transactions by electronic means.
Status: in_force

(A) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (B) This chapter applies only to transactions between parties who agree to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the conduct of the parties. (C) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. This right of refusal shall not be waived by agreement. (D) Except as otherwise provided in this chapter, the effect of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (E) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable laws.
S.C. Code Ann. § 26-6-210 — SC Code / Title 26 / Chapter 6 / Section 26-6-210
SECTION 26-6-210. Applicability of Computer Crime Act.
Status: in_force

The Computer Crime Act, as contained in Chapter 16 of Title 16, is expressly made applicable to and incorporated into this chapter.
S.C. Code Ann. § 26-2-100 — SC Code / Title 26 / Chapter 2 / Section 26-2-100
SECTION 26-2-100. Safeguarding of electronic journal, public key certificate, and electronic seal.
Status: in_force

(A) An electronic notary public shall keep his electronic journal, public key certificate, and electronic seal secure. The electronic notary public may not allow another person to use his electronic journal, public key certificate, or electronic seal. (B) 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. (C) 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, public key certificate, or electronic seal. 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 journal, public key certificate, or electronic seal. (D) 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. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-1-240 — SC Code / Title 26 / Chapter 1 / Section 26-1-240
SECTION 26-1-240. Act not to contradict requirements of Section 62-2-503.
Status: in_force

Nothing in this act shall be construed to contradict the requirements of Section 62-2-503.
S.C. Code Ann. § 26-2-190 — SC Code / Title 26 / Chapter 2 / Section 26-2-190
SECTION 26-2-190. Regulations.
Status: in_force

The Secretary of State may promulgate and enforce any regulations and create and enforce any policies and procedures necessary for the administration of this chapter. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
S.C. Code Ann. § 26-2-50 — SC Code / Title 26 / Chapter 2 / Section 26-2-50
SECTION 26-2-50. Requirements of the principal for an electronic notarization.
Status: in_force

(A) An electronic notary public shall perform an electronic notarization only if the principal: (1) appears in person before the electronic notary public at the time of notarization; and (2) is personally known to the electronic notary or identified by the electronic notary through satisfactory evidence as defined in Chapter 1 of this title. (B) In performing electronic notarial acts, an electronic notary public shall adhere to all applicable rules governing notarial acts provided in Chapter 1 of this title. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."