The following notarial acts may be performed electronically:
(1) acknowledgments;
(2) oaths and affirmations;
(3) attestations and jurats;
(4) signature witnessing;
(5) verifications of fact;
(6) certification that a tangible copy of an electronic record is an accurate copy of the electronic record; and
(7) any other acts authorized by law.
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.