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Chapter 1 - Notaries Public
Section 26-1-5. Definitions. - For purposes of this chapter: (1) "Acknowledgment" means a notarial...
Section 26-1-10. Appointment and term. - The Governor may appoint from the qualified electors as many...
Section 26-1-15. Qualifications for notarial commission. - A person qualified for a notarial commission: (1) must be...
Section 26-1-20. Endorsement of application. - (A) Each county legislative delegation shall determine whether the endorsement...
Section 26-1-25. Additional methods of endorsement of applications. - (A) In addition to the methods of endorsement of applications...
Section 26-1-30. Fee for issuance or renewal of commission. - The fee for the issuance or renewal of a commission...
Section 26-1-40. Oath. - A notary public shall take the oath of office prescribed...
Section 26-1-50. Enrollment of commission. - Within fifteen days after he has been commissioned, a notary...
Section 26-1-60. Seal of office; notary shall indicate date of expiration of commission. - A notary public shall have a seal of office, which...
Section 26-1-70. [Reserved]. - Editor's Note Prior Laws: Former Section 26-1-70 was titled Effect...
Section 26-1-80. Jurisdiction. - The jurisdiction of notaries public extends throughout the State. HISTORY:...
Section 26-1-90. Powers of notary public. - (A) A notary public may perform the following acts: (1)...
Section 26-1-95. Repealed by 2014 Act No. 185, Section 1, eff June 2, 2014. - Editor's Note Former Section 26-1-95 was titled False certification by...
Section 26-1-100. Fees for notary acts. - (A) The maximum fees that may be charged by a...
Section 26-1-110. Notarizing a paper record. - When notarizing a paper record, a notary shall sign by...
Section 26-1-120. Notarial certificate. - (A) A notary may not make or give a notarial...
Section 26-1-130. Changes in Notary's status. - (A) Within forty-five days after the following changes in a...
Section 26-1-140. Resignation of commission. - (A) A notary who resigns the notary's commission shall submit...
Section 26-1-150. Death of notary. - If a notary dies during the term of commission, the...
Section 26-1-160. Unlawful acts; forfeiture of commission; penalties. - (A) Except as otherwise permitted by law, a person who...
Section 26-1-170. Criminal jurisdiction. - A notary public has no power or jurisdiction in criminal...
Section 26-1-180. Attorney at law; exercise of powers as notary. - An attorney at law who is a notary public may...
Section 26-1-190. Notary as stockholder, director, officer or employee of corporation; exercise of powers. - A notary public who is a stockholder, director, officer, or...
Section 26-1-200. Notarized document sent to another state or nation. - On a notarized document sent to another state or nation,...
Section 26-1-210. Certificate of authority. - A certificate of authority evidencing the authenticity of the official...
Section 26-1-220. Fee for issuing certificate of authority or Apostille. - The Secretary of State may charge a reasonable fee for...
Section 26-1-230. Issuance of certificate of authority or Apostille. - (A) The Secretary shall not issue a certificate of authority...
Section 26-1-240. Act not to contradict requirements of Section 62-2-503. - Nothing in this act shall be construed to contradict the...
Chapter 2 - Electronic Notaries Public
Section 26-2-5. Definitions. - For the purposes of this chapter: (1) "Capable of independent...
Section 26-2-10. Application of Chapters 1 and 3 of this title; conflicts. - The provisions of Chapters 1 and 3 of this title...
Section 26-2-20. Electronic notary public; registration; approval and rejection of registration applications. - (A) A notary public commissioned in this State may become...
Section 26-2-30. Required course of instruction and examination. - (A) Before performing electronic notary acts, an electronic notary public...
Section 26-2-40. Notarial acts which may be performed electronically. - The following notarial acts may be performed electronically: (1) acknowledgments;...
Section 26-2-50. Requirements of the principal for an electronic notarization. - (A) An electronic notary public shall perform an electronic notarization...
Section 26-2-60. Attachment of electronic notarial certificate; requirements; electronic seals. - (A) When performing an electronic notarial act, an electronic notarial...
Section 26-2-70. Fees for electronic notarial acts. - (A) An electronic notary public may charge the maximum fee...
Section 26-2-80. Use of electronic signature and electronic seal limited to proper electronic notarial acts; electronic notarization system; regulations. - (A) An electronic notary public's electronic signature, in combination with...
Section 26-2-90. Creation and maintenance of electronic journal for electronic notarial acts. - (A) An electronic notary public shall create and maintain an...
Section 26-2-100. Safeguarding of electronic journal, public key certificate, and electronic seal. - (A) An electronic notary public shall keep his electronic journal,...
Section 26-2-110. Requirements of electronic notarization system. - (A) An electronic notarization system shall comply with this chapter...
Section 26-2-120. Electronic notary solution providers; registration with Secretary of State. - (A) Any person or entity wishing to provide an electronic...
Section 26-2-130. Electronic notary public to utilize current registered devices. - (A) An electronic notary public shall take reasonable steps to...
Section 26-2-140. Liability, sanctions, and remedies for improper performance of electronic notarial acts; termination of electronic notary public's registration. - (A) The liability, sanctions, and remedies for the improper performance...
Section 26-2-150. Unlawful acts; penalties. - (A) It is unlawful for a person to knowingly: (1)...
Section 26-2-160. Applicability of Chapter 1 of this title. - The provisions contained in Chapter 1 of this title, with...
Section 26-2-170. Electronic evidence of authenticity of official electronic signature and electronic seal. - Electronic evidence of the authenticity of the official electronic signature...
Section 26-2-180. Electronic certificate of authority. - (A) An electronic certificate of authority evidencing the authenticity of...
Section 26-2-190. Regulations. - The Secretary of State may promulgate and enforce any regulations...
Section 26-2-200. Applicability of chapter to wills and trusts. - This chapter does not apply to wills and trusts in...
Section 26-2-210. Requirement that a licensed South Carolina attorney supervise a closing. - Nothing in this chapter contravenes the South Carolina law that...
Chapter 3 - Uniform Recognition Of Acknowledgments Act
Section 26-3-10. Citation of chapter. - This chapter may be cited as the Uniform Recognition of...
Section 26-3-20. "Notarial acts" defined; notarial acts performed outside of State. - For the purposes of this chapter, "notarial acts" means acts...
Section 26-3-30. Proof of authority. - (a) If the notarial act is performed by any of...
Section 26-3-40. Substance of certification. - The person taking an acknowledgment shall certify that: (1) The...
Section 26-3-50. Form of certification. - The form of a certificate of acknowledgment used by a...
Section 26-3-60. "Acknowledged before me" defined. - The words "acknowledged before me" mean: (1) That the person...
Section 26-3-70. Statutory Short Forms of Acknowledgment. - The forms of acknowledgment set forth in this section may...
Section 26-3-80. Application of chapter. - A notarial act performed prior to May, 8, 1972 is...
Section 26-3-90. Construction. - This chapter shall be so interpreted as to make uniform...
Chapter 6 - Uniform Electronic Transactions Act
Section 26-6-10. Short title; purpose. - (A) This chapter may be cited as the "Uniform Electronic...
Section 26-6-20. Definitions. - As used in this chapter: (1) "Agreement" means the bargain...
Section 26-6-30. Applicability to electronic records and electronic signatures relating to transaction; exceptions. - (A) Except as otherwise provided in subsection (B), this chapter...
Section 26-6-40. Prospective application of chapter. - This chapter applies to an electronic record or electronic signature...
Section 26-6-50. Agreement of parties to conduct transactions by electronic means. - (A) This chapter does not require a record or signature...
Section 26-6-60. Construction and application. - This chapter must be construed and applied to: (1) facilitate...
Section 26-6-70. Legality of electronic contracts, records, and signatures. - (A) A record or signature must not be denied legal...
Section 26-6-80. Satisfying requirement that information be in writing; complying with manner of transmission and format requirements; exceptions. - (A) If parties agree to conduct a transaction by electronic...
Section 26-6-90. Showing that electronic record or signature is attributable to a person; effect of electronic record or signature. - (A) An electronic record or electronic signature is attributable to...
Section 26-6-100. Change or error in transmission of electronic record; circumstances under which effect may be avoided; applicability of other law. - (A) If a change or error occurs in the transmission...
Section 26-6-110. Satisfying requirement that signature or record be notarized. - A law requiring a signature or record to be notarized,...
Section 26-6-120. Satisfying law requiring a record to be maintained; checks. - (A) A law requiring a record to be retained is...
Section 26-6-130. Admissibility as evidence. - Evidence of a record or signature may not be excluded...
Section 26-6-140. Automated transactions; formation of contract. - In an automated transaction: (1) a contract may be formed...
Section 26-6-150. When electronic record sent and received. - (A) Unless otherwise agreed between the sender and the recipient,...
Section 26-6-160. Establishing person as having control of transferable record; rights and defenses; proof of control. - (A) In this section, "transferable record" means an electronic record...
Section 26-6-170. Creation and retention of electronic records by government agencies. - Each governmental agency of this State shall determine if, and...
Section 26-6-180. Government agencies sending and accepting electronic records and signatures; format. - (A) Each governmental agency of this State shall determine if,...
Section 26-6-190. Development of standards and procedures; service of process. - (A) The South Carolina Department of Administration shall adopt standards...
Section 26-6-195. Service of process to e-mail address by government agency. - Notwithstanding any other provisions in this chapter, a governmental agency...
Section 26-6-210. Applicability of Computer Crime Act. - The Computer Crime Act, as contained in Chapter 16 of...