Title 26, Notaries Public and Acknowledgments

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 form…

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 St…

This chapter shall be so interpreted as to make uniform the laws of those states which enact it.

(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 …

(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 e…

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 attac…

(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 accessibl…

Evidence of a record or signature may not be excluded in a proceeding solely because the record or signature is in electronic form.

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 interacti…

(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 r…

(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 ex…

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.

(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 record…

(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 secur…

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…

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 transactio…

The Computer Crime Act, as contained in Chapter 16 of Title 16, is expressly made applicable to and incorporated into this chapter.

(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 t…

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.

(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 tra…

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 genera…

(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…

(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 …

(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 recor…