(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.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Structure South Carolina Code of Laws
Title 26 - Notaries Public and Acknowledgements
Section 26-1-10. Appointment and term.
Section 26-1-15. Qualifications for notarial commission.
Section 26-1-20. Endorsement of application.
Section 26-1-25. Additional methods of endorsement of applications.
Section 26-1-30. Fee for issuance or renewal of commission.
Section 26-1-50. Enrollment of commission.
Section 26-1-60. Seal of office; notary shall indicate date of expiration of commission.
Section 26-1-80. Jurisdiction.
Section 26-1-90. Powers of notary public.
Section 26-1-95. Repealed by 2014 Act No. 185, Section 1, eff June 2, 2014.
Section 26-1-100. Fees for notary acts.
Section 26-1-110. Notarizing a paper record.
Section 26-1-120. Notarial certificate.
Section 26-1-130. Changes in Notary's status.
Section 26-1-140. Resignation of commission.
Section 26-1-150. Death of notary.
Section 26-1-160. Unlawful acts; forfeiture of commission; penalties.
Section 26-1-170. Criminal jurisdiction.
Section 26-1-180. Attorney at law; exercise of powers as notary.
Section 26-1-200. Notarized document sent to another state or nation.
Section 26-1-210. Certificate of authority.
Section 26-1-220. Fee for issuing certificate of authority or Apostille.
Section 26-1-230. Issuance of certificate of authority or Apostille.
Section 26-1-240. Act not to contradict requirements of Section 62-2-503.