Title 26, Notaries Public and Acknowledgments

(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that any registered device used to create the electronic notary public's electronic signature is current and has not been revoked or terminated by its issuing or registering authority.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 o…

(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 imprope…

(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 tha…

The provisions contained in Chapter 1 of this title, with regard to notarial certificates, are applicable for the purposes of this chapter.

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 an…

(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…

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.

(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 registra…

This chapter does not apply to wills and trusts in South Carolina.

Nothing in this chapter contravenes the South Carolina law that requires a licensed South Carolina attorney to supervise a closing.

(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 sha…

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 th…

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 perfo…

(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 throu…

(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 commiss…

(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 …

(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 a…

(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 electron…