(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 shall pass an examination of this course.
(B) The content of the course and the basis of the examination must be notarial laws, procedures, technology, and ethics as they pertain to notarizations and electronic notarizations.
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.