reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-40. Notarial acts which may be performed electronically.

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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-50. Requirements of the principal for an electronic notarization.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-70. Fees for electronic notarial acts.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-80. Use of electronic signature and electronic seal limited to proper electronic notarial acts; electronic notarization system; regulations.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-100. Safeguarding of electronic journal, public key certificate, and electronic seal.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-110. Requirements of electronic notarization system.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-120. Electronic notary solution providers; registration with Secretary of State.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-130. Electronic notary public to utilize current registered devices.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-140. Liability, sanctions, and remedies for improper performance of electronic notarial acts; termination of electronic notary public's registration.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-150. Unlawful acts; penalties.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-160. Applicability of Chapter 1 of this title.

The provisions contained in Chapter 1 of this title, with regard to notarial certificates, are applicable for the purposes of this chapter.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-170. Electronic evidence of authenticity of official electronic signature and electronic seal.

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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-180. Electronic certificate of authority.

(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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-190. Regulations.

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.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-200. Applicability of chapter to wills and trusts.

This chapter does not apply to wills and trusts in South Carolina.
HISTORY: 2021 Act No. 85 (S.631), Section 4, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-210. Requirement that a licensed South Carolina attorney supervise a closing.

Nothing in this chapter contravenes the South Carolina law that requires a licensed South Carolina attorney to supervise a closing.
HISTORY: 2021 Act No. 85 (S.631), Section 5, eff May 18, 2021.
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."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-20. "Notarial acts" defined; notarial acts performed outside of State.

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.
HISTORY: 1962 Code Section 49-61; 1972 (57) 2374; 1985 Act No. 14, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-30. Proof of authority.

(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.
HISTORY: 1962 Code Section 49-62; 1972 (57) 2374.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-40. Substance of certification.

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.
HISTORY: 1962 Code Section 49-63; 1972 (57) 2374.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-50. Form of certification.

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.
HISTORY: 1962 Code Section 49-64; 1972 (57) 2374.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-60. "Acknowledged before me" defined.

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.
HISTORY: 1962 Code Section 49-65; 1972 (57) 2374.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-70. Statutory Short Forms of Acknowledgment.

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.
(1) For an individual acting in his own right: State of __________ County of __________ The foregoing instrument was acknowledged before me this (date) by (name of person acknowledged). (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (2) For a corporation: State of __________ County of __________ The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation. (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (3) For a partnership: State of __________ County of __________ The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership. (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (4) For an individual acting as principal by an attorney in fact: State of __________ County of __________ The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact on behalf of (name of principal). (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any) (5) By any public officer, trustee or personal representative: State of __________ County of __________ The foregoing instrument was acknowledged before me this (date) by (name and title of position). (Signature of Person Taking Acknowledgment) (Title or Rank) (Serial Number, if any)
HISTORY: 1962 Code Section 49-66; 1972 (57) 2374.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 3 - Uniform Recognition Of Acknowledgments Act › Section 26-3-80. Application of chapter.

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.
HISTORY: 1962 Code Section 49-67; 1972 (57) 2374.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-10. Short title; purpose.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-30. Applicability to electronic records and electronic signatures relating to transaction; exceptions.

(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.
HISTORY: 2004 Act No. 279, Section 1.
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.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-40. Prospective application of chapter.

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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-50. Agreement of parties to conduct transactions by electronic means.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-60. Construction and application.

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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-70. Legality of electronic contracts, records, and signatures.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-80. Satisfying requirement that information be in writing; complying with manner of transmission and format requirements; exceptions.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-90. Showing that electronic record or signature is attributable to a person; effect of electronic record or signature.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-100. Change or error in transmission of electronic record; circumstances under which effect may be avoided; applicability of other law.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-110. Satisfying requirement that signature or record be notarized.

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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-120. Satisfying law requiring a record to be maintained; checks.

(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.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-140. Automated transactions; formation of contract.

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.
HISTORY: 2004 Act No. 279, Section 1.