(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 registration as an electronic notary public and must identify the technology that he intends to use, which must conform to any rules or regulations adopted by the Secretary of State. A registration fee of fifty dollars must be submitted to the Secretary of State with the registration form to be used by the Secretary of State to administer the provisions of this chapter.
(B) Unless terminated pursuant to Section 26-2-140, the term of registration to perform electronic notarial acts shall begin on the registration starting date set by the Secretary of State and shall continue as long as the notary public's current commission remains valid.
(C) An individual registering to perform electronic notarial acts shall submit to the Secretary of State an application in a format prescribed by the Secretary of State that includes:
(1) proof of the successful completion of the course and examination required pursuant to Section 26-2-30;
(2) the disclosure of any and all license or commission revocations or other disciplinary actions against the individual; and
(3) any other information, evidence, or declarations required by the Secretary of State.
(D) Upon the individual's fulfillment of the requirements for registration under this chapter, the Secretary of State shall approve the registration and issue to the individual a unique registration number.
(E) The Secretary of State may reject a registration application if the individual fails to comply with any section of this chapter.
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."
Structure South Carolina Code of Laws
Title 26 - Notaries Public and Acknowledgements
Chapter 2 - Electronic Notaries Public
Section 26-2-10. Application of Chapters 1 and 3 of this title; conflicts.
Section 26-2-30. Required course of instruction and examination.
Section 26-2-40. Notarial acts which may be performed electronically.
Section 26-2-50. Requirements of the principal for an electronic notarization.
Section 26-2-60. Attachment of electronic notarial certificate; requirements; electronic seals.
Section 26-2-70. Fees for electronic notarial acts.
Section 26-2-90. Creation and maintenance of electronic journal for electronic notarial acts.
Section 26-2-100. Safeguarding of electronic journal, public key certificate, and electronic seal.
Section 26-2-110. Requirements of electronic notarization system.
Section 26-2-120. Electronic notary solution providers; registration with Secretary of State.
Section 26-2-130. Electronic notary public to utilize current registered devices.
Section 26-2-150. Unlawful acts; penalties.
Section 26-2-160. Applicability of Chapter 1 of this title.
Section 26-2-180. Electronic certificate of authority.
Section 26-2-190. Regulations.
Section 26-2-200. Applicability of chapter to wills and trusts.
Section 26-2-210. Requirement that a licensed South Carolina attorney supervise a closing.