South Carolina Administrative Code

111-63. Monetary Fines and Penalties. A. Administrative Fine. An entity may be assessed an administrative fine. The administrative fine may not exceed two thousand five hundred dollars per violation. B. Civil Penalty levied against Lessors. An entity that is subject to S.C. Code …

111-64. Suspension of Operations. ORS may suspend the certificate and require the Lessor to immediately cease and desist from engaging in business as a Lessor in this State until the violation is resolved. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-65. Revocation of Certificate. ORS may petition the Administrative Law Court to revoke a Certificate issued pursuant to S.C. Code Ann. 58-27-2600 et seq. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

111-66. Cumulative Regulation. The provisions of Subarticle 6 of this regulation are cumulative of and in addition to any other action at law and any other action taken by ORS pursuant to Title 58. HISTORY: Added by SCSR 45-5 Doc. No. 4992, eff May 28, 2021.

112-100. Operations Manual of the South Carolina Human Services Demonstration Project. (Statutory Authority: 1976 Code §§ 1-25-10 to 1-25-120) The Operations Manual of the South Carolina Human Services Demonstration Project (York) is hereby adopted as the official guide for the o…

113-1. Repealed. HISTORY: Former Regulation, titled Agents Registered with Only One Broker-Dealer or Issuer at One Time, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-10. Repealed. HISTORY: Former Regulation, titled Financial Statements Used in a Prospectus, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-11. Repealed. HISTORY: Former Regulation, titled Options or Warrants, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-12. Repealed. HISTORY: Former Regulation, titled Underwriting Expenses and Commissions, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-13. Repealed. HISTORY: Former Regulation, titled Pre-Incorporation Stock Subscriptions, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-14. Repealed. HISTORY: Former Regulation, titled Form and Minimum Provisions for Debt Securities, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-15. Repealed. HISTORY: Former Regulation, titled Expenses and Fees Payable by Investment Companies, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-16. Repealed. HISTORY: Former Regulation, titled Approved Securities Exchanges, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-17. Repealed. HISTORY: Former Regulation, titled Recognized Securities Manuals, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-18. Repealed. HISTORY: Former Regulation, titled Securities of Nonprofit Organizations, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-19. Repealed. HISTORY: Former Regulation, titled Examination Fees to Accompany Filing of Prospectus or Offering Circular, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-2. Repealed. HISTORY: Former Regulation, titled Sales Permits and Examinations for Principals, Partners, Officers and Directors of Broker-Dealer and Issuers, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-20. Repealed. HISTORY: Former Regulation, titled Fees to Accompany a Request for Confirmation of the Availability of An Exemption or Exception, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-21. Repealed. HISTORY: Former Regulation, titled Exemption Pursuant to Regulation D and Section 35-1-320(9), had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-22. Repealed. HISTORY: Former Regulation, titled Limited Offering Exemption to Ten or Less Persons, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-23. Repealed. HISTORY: Former Regulation, titled Dishonest or Unethical Practices by Investment Advisers and Investment Adviser Representatives, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Vol…

113-24. Repealed. HISTORY: Former Regulation, titled Custody of Client Funds or Securities by Investment Advisers, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649…

113-25. Repealed. HISTORY: Former Regulation, titled Dishonest or Unethical Practices by Broker-Dealers and Agents, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Volume 41, Issue No. 5, Doc. No. 464…

113-26. Repealed. HISTORY: Former Regulation, titled Financial Reporting Requirements for Certain Investment Advisers, had the following history: Added by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993. Repealed by State Register Volume 41, Issue No. 5, Doc. No. …

113-3. Repealed. HISTORY: Former Regulation, titled Examinations for Securities Agents, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-305. General Provisions. In accordance with the provisions of the Uniform Real Property Electronic Recording Act, the URPERA Committee adopted the electronic recording standards issued by PRIA as the foundation for the standards promulgated as rule under Regulations 113-300 t…

113-310. Electronic Recording Models For registers that elect to offer electronic recording, authorized filers shall submit real property records for electronic filing and recordation utilizing one of three methods described below as allowed by the individual recorder. The method…

113-315. Memorandum of Understanding. A filer shall apply to a participating register to be enrolled in the participating register’s electronic filing and recording program. A. The authorized filer and a participating register shall enter into a memorandum of understand- ing (MOU…

113-320. Document and System Security Requirements. Security procedures shall be implemented to ensure the authenticity and integrity of the electronical- ly filed instrument, including the ability to verify the identity of the filer, as well as the ability to verify that an inst…

113-325. Electronic Transmissions. A. Instruments shall be transmitted through either a secured website or an electronic recording delivery system. The method of transmission shall be identified in the MOU signed by the authorized filer and the register. B. An authorized filer sh…

113-330. Electronic Recording Process Requirements. A. An MOU between a participating register and an authorized filer shall include information required by the participating register in order to provide electronic notice of confirmation or rejection of an electronic filing and s…

113-335. Document Formats A. Authorized filers may elect to transmit either a digitized (scanned) electronic document of an original ink signed instrument or an electronic document electronically signed and notarized along with electronic indexing information to the register. B. …

113-340. Document and Indexing Requirements. Electronic recording delivery systems implemented by registers shall have the capacity at a minimum to process documents that are compatible with indexing requirements established by PRIA for file formatting and indexing. A. The PRIA e…

113-345. Payment of Filing Fees. Payment of recording fees shall be collected by a register as prescribed by statute. The register shall provide an electronic or other written receipt to the authorized filer indicating that the payment for the recordation of the electronic instru…

113-350. Preservation. Real property records in the custody of the register are permanent records and must be preserved. The preservation of electronic real property records requires consistent and complex management in order to maintain authenticity and integrity. Electronic rec…

113-4. Repealed. HISTORY: Former Regulation, titled Provisions Applicable in General to Securities Examinations, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-410. Application for Registration as an Electronic Notary. A. A notary public must submit the application for registration electronically with the Secretary of State. This electronic application shall include: (1) The notary’s full legal name and the name under which the nota…

113-420. Course of Instruction. A. Before each registration to perform electronic notarial acts, a notary public shall complete a course of instruction approved by the Secretary of State, and pass an examination of this course. B. The Secretary of State, or his designee, will adm…

113-430. Electronic Notary Signature and Electronic Notary Seal. A. An electronic notary signature must meet all of the following requirements. (1) The electronic notary signature shall be independently verifiable and unique to the electronic notary; (2) The electronic notary sig…

113-440. Employers of Electronic Notaries. A. Neither the employer of an electronic notary public nor any of the employer’s employees or agents shall use or permit the use of an electronic notary seal or signature by anyone other than the electronic notary public to whom it is re…

113-450. Rejection of Electronic Notary Public Application. The Secretary of State may reject an application for registration as an electronic notary public for failure to comply with any of the requirements of the South Carolina Electronic Notary Public Act. In addition, the Sec…

113-460. Change of Registration Information. A. An electronic notary public shall notify the Office of the Secretary of State of any changes in the information submitted in the notary public’s application for registration within thirty (30) days following the change in informatio…

113-470. Access and Use of Electronic Notary Seal and Electronic Signature. A. The electronic notary public’s electronic signature and seal shall remain within the exclusive control of the electronic notary public. Access to electronic notary signatures and electronic notary seal…

113-480. Electronic Notary Journal Preservation. A. An electronic notary journal shall be created and stored in a computer or other electronic storage device or process that protects the electronic journal against unauthorized access by password, biometric verification, token, or…

113-490. Application for Electronic Notary Providers. Electronic notarization system providers applying to the Secretary of State for designation as a registered electronic notarization system provider must complete and submit electronically an applica- tion to the Secretary of S…

113-5. Repealed. HISTORY: Former Regulation, titled Examinations for Investment Advisers, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-500. Requirements for Systems and Providers. Each electronic notarization system provider must: A. Provide a free and readily available viewer/reader to enable all parties relying on the electroni- cally notarized record or document to view the electronic notary public’s elec…

113-510. Electronic Notarization System Provider Changes. A. An electronic notarization system provider shall notify the Secretary of State’s Office within 30 days of any changes, modifications or updates to information previously submitted to the Secretary of State. Notification…

113-6. Repealed. HISTORY: Former Regulation, titled Deposits in Lieu of Bond, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.

113-7. Repealed. HISTORY: Former Regulation, titled Records to Be Kept and Financial Statements to Be Filed by Broker-Dealers, had the following history: Repealed by State Register Volume 41, Issue No. 5, Doc. No. 4649, eff May 26, 2017.