(A) An electronic notary public's electronic signature, in combination with his electronic seal, must be used only for the purpose of performing electronic notarial acts.
(B) An electronic notary public shall use an electronic notarization system that complies with this chapter and that has been registered with the Secretary of State to produce the electronic notary's electronic signature and electronic seal in a manner that is capable of independent verification.
(C) An electronic notary public shall take reasonable steps to ensure that no other individual may possess or access an electronic notarization system in order to produce the electronic notary public's electronic signature or electronic seal.
(D) An electronic notary public shall keep in his sole control all or any part of an electronic notarization system for which the exclusive purpose is to produce the electronic notary public's electronic signature and electronic seal.
(E) The Secretary of State shall promulgate regulations necessary to establish standards, procedures, practices, forms, and records relating to an electronic notary public's electronic signature and electronic seal. The electronic notary public's electronic seal and electronic signature must conform to all standards adopted by the Secretary of State.
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.