South Carolina Code of Laws
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."

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