2011-2012 Bill 1382: Notaries Public - South Carolina Legislature Online

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 S. 1382 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Reese and Alexander 10 Document Path: l:\council\bills\ms\7734ahb12.docx 11 12 Introduced in the Senate on March 28, 2012 13 Currently residing in the Senate 14 15 Summary: Notaries public 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 3/28/2012 Senate Introduced and read first time ( Senate Journalpage 6) 22 3/28/2012 Senate Referred to Committee on Judiciary ( Senate Journalpage 6) 23 4/2/2012 Senate Referred to Subcommittee: Cleary (ch), Ford, S.Martin, Gregory 24 4/18/2012 Senate Committee report: Favorable with amendment Judiciary ( Senate Journalpage 13) 25 4/19/2012 Scrivener's error corrected 26 27 28 VERSIONS OF THIS BILL 29 30 3/28/2012 31 4/18/2012 32 4/19/2012 33 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 April 18, 2012 6 7 S. 1382 8 9 Introduced by Senators Reese and Alexander 10 11 S. Printed 4/18/12--S. [SEC 4/19/12 4:06 PM] 12 Read the first time March 28, 2012. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (S. 1382) to amend Chapter 1, 17 Title 26, Code of Laws of South Carolina, 1976, relating to 18 notaries public, so as to provide for definitions, qualifications for a 19 notarial, etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, by striking lines 24-25 on 25 page 1 and inserting: 26 / NOTARY, FORMS, AND PROCESSES / 27 Amend the bill further, as and if amended, by striking lines 16- 28 20 on page 3 and inserting: 29 / (13) ‘Personal appearance’ and ‘appear in person before a 30 notary’ means an individual and a notary are in the physical 31 presence of one another so that they may freely see and 32 communicate with one another and exchange records back and 33 forth during the notarization process. / 34 Amend the bill further, as and if amended, by striking lines 1-5 35 on page 4 and inserting: 36 / that a current passport without a physical description is 37 acceptable; or 38 (b) upon the oath or affirmation of a credible witness 39 personally known to the notary public or of two witnesses who 40 present an identification document as provided subsection (a). ..../ 41 Amend the bill further, as and if amended, by striking lines 17- 42 24 on page 7 and inserting:

[1382-2] 1 / (3) notary is a signer of, party to, or beneficiary of the record 2 that is to be notarized. A disqualification pursuant to this item 3 does not apply to an employee of a court within the unified judicial 4 system, a notary who is named in a record solely as the trustee in a 5 deed of trust, the drafter of the record, the person to whom a 6 registered document must be mailed or sent after recording, or the 7 attorney for a party to the record, so long as the notary is not also a 8 party to the record individually or in some other representative or 9 fiduciary capacity; or \ 10 Amend the bill further, as and if amended, by striking lines 9-10 11 on page 8 and inserting: 12 / (1) the principal directs the designee to sign the record in the 13 presence of the notary and two witnesses, who are either 14 personally known to the notary or identified by the notary through 15 satisfactory evidence, and who are unaffected by the record; / 16 Amend the bill further, as and if amended, by striking lines 9-13 17 on page 9 and inserting: 18 / (J) A notary public who is not an attorney licensed to 19 practice law in this State may not render a service that constitutes 20 the unauthorized practice of law. A nonattorney notary may not 21 assist another person in drafting, completing, selecting, or 22 understanding a record or transaction requiring a notarial act. This 23 subsection does not prohibit an employee of any court within the 24 unified judiciary system, acting within the scope of his or her 25 employment, from assisting an individual with filing a document 26 with the court, provided that the assistance does not constitute the 27 unauthorized practice of law. / 28 Amend the bill further, as and if amended, by striking lines 37- 29 39 on page 14 and inserting: 30 / (E) A person who without authority obtains, uses, conceals, 31 defaces, or destroys the seal or notarial records of a notary is guilty 32 of a misdemeanor. / 33 Amend the bill further, as and if amended, by striking lines 7-14 34 on page 15 and inserting: 35 / (I)(1) A person who violates the provisions of subsection 36 (A), (B), or (E) is guilty of a misdemeanor and, upon conviction, 37 must be fined not more than five hundred dollars or imprisoned for 38 not more than thirty days. 39 (2) A person who violates the provisions of subsection (C) 40 or (D) is guilty of a felony and, upon conviction, must be fined not 41 more than five thousand dollars or imprisoned for not more than 42 five years. /

[1382-3] 1 Amend the bill further, as and if amended, by striking lines 39- 2 40 on page 16 and inserting: 3 / (3) a facsimile, photocopy, photographic, or other 4 reproduction of a signature or seal. / 5 Amend the bill further, as and if amended, by striking 6 SECTION 2 on line 8, page 17, and inserting: 7 / SECTION 2. The provisions of this act are severable. If any 8 section, subsection, paragraph, subparagraph, item, subitem, 9 sentence, clause, phrase, or word of this act is for any reason held 10 to be unconstitutional or invalid, such holding shall not affect the 11 constitutionality or validity of the remaining portions of the act, 12 the General Assembly hereby declaring that it would have passed 13 each and every section, subsection, paragraph, subparagraph, item, 14 subitem, sentence, clause, phrase, and word thereof, irrespective of 15 the fact that any one or more other sections, subsections, 16 paragraphs, subparagraphs, items, subitems, sentences, clauses, 17 phrases, or words hereof may be declared to be unconstitutional, 18 invalid, or otherwise ineffective. 19 SECTION 3. This act takes effect upon approval by the 20 Governor. / 21 Renumber sections to conform. 22 Amend title to conform. 23 24 RAYMOND E. CLEARY III for Committee. 25 26 27 STATEMENT OF ESTIMATED FISCAL IMPACT 28 ESTIMATED FISCAL IMPACT ON GENERAL FUND 29 EXPENDITURES: 30 $0 (No additional expenditures or savings are expected) 31 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 32 FUND EXPENDITURES: $0 (No additional expenditures or savings are expected) 33 EXPLANATION OF IMPACT: 34 Secretary of State’s Office 35 The office reports this bill will have no fiscal impact on the 36 General Fund of the State or on federal and/or other funds. 37 38 Approved By: 39 Brenda Hart 40 Office of State Budget 41 42

[1382-4] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 1, TITLE 26, CODE OF LAWS OF 12 SOUTH CAROLINA, 1976, RELATING TO NOTARIES 13 PUBLIC, SO AS TO PROVIDE FOR DEFINITIONS, 14 QUALIFICATIONS FOR A NOTARIAL COMMISSION, 15 SPECIFIC POWERS AND LIMITS ON POWERS OF A 16 NOTARY, DISCLOSURE BY A NONATTORNEY NOTARY 17 AND PROHIBITION OF A NONATTORNEY NOTARY 18 ACTING IN THE UNAUTHORIZED PRACTICE OF LAW, 19 PROHIBITION OF A NOTARY EXECUTING A CERTIFICATE 20 IN A LANGUAGE OTHER THAN ENGLISH, CHARGING OF 21 SPECIFIC FEES FOR SPECIFIC NOTARIAL ACTS, 22 REQUIRED CIRCUMSTANCES UNDER WHICH A 23 NOTARIAL CERTIFICATE MAY BE MADE OR GIVEN BY A 24 NOTARY, MAINTENANCE OF A JOURNAL OF THE 25 NOTARY’S NOTARIAL ACTS, FORMS AND PROCESSES 26 FOR REPORTING CHANGES IN A NOTARY’S STATUS, 27 PROHIBITION OF CERTAIN ACTS BY A NOTARY AND 28 CRIMINAL AND ADMINISTRATIVE PENALTIES FOR A 29 VIOLATION; AND PROCEDURES FOR THE ISSUANCE OF A 30 CERTIFICATE OF AUTHORITY OR APOSTILLE BY THE 31 SECRETARY OF STATE. 32 33 Be it enacted by the General Assembly of the State of South 34 Carolina: 35 36 SECTION 1. Chapter 1, Title 26 of the 1976 Code is amended to 37 read: 38 39 “CHAPTER 1 40 41 Notaries Public 42

[1382] 5 1 Section 2615. For purposes of this chapter: 2 (1) ‘Acknowledgment’ means a notarial act in which a notary 3 certifies that, at a single time and place, all of the following 4 occurred: 5 (a) an individual appeared in person before the notary and 6 presented a record; 7 (b) the individual was personally known to the notary or 8 identified by the notary through satisfactory evidence; and 9 (c) the individual signed the record while in the physical 10 presence of the notary and while being personally observed 11 signing the record by the notary. 12 (2) ‘Affirmation’ means a notarial act which is legally 13 equivalent to an oath and in which a notary certifies that, at a 14 single time and place, all of the following occurred: 15 (a) an individual appeared in person before the notary; 16 (b) the individual was personally known to the notary or 17 identified by the notary through satisfactory evidence; and 18 (c) the individual made a vow of truthfulness on penalty of 19 perjury, based on personal honor and without invoking a deity or 20 using a form of the word ‘swear’. 21 (3) ‘Attest’ or ‘attestation’ means the completion of a 22 certificate by a notary who has performed a notarial act. 23 (4) ‘Commission’ means the empowerment to perform notarial 24 acts and the written evidence of authority to perform those acts. 25 (5) ‘Credible witness’ means an individual who is personally 26 known to the notary and whom the notary reasonably believes to 27 be honest and reliable for the purpose of confirming to the notary 28 the identity of another individual and the notary believes is not a 29 party to or beneficiary of the transaction. 30 (6) ‘Jurat’ means a notary’s certificate evidencing the 31 administration of an oath or affirmation. 32 (7) ‘Moral turpitude’ means conduct contrary to expected 33 standards of honesty, morality, or integrity. 34 (8) ‘Notarial act’, ‘notary act’, and ‘notarization’ mean acts 35 that the laws and regulations of this State authorize notary publics 36 of this State to perform including the administering of oaths and 37 affirmations, taking proof of execution and acknowledgments of 38 instruments, and attesting documents. 39 (9) ‘Notarial certificate’ and ‘certificate’ mean the portion of a 40 notarized record that is completed by the notary, bears the notary’s 41 signature and seal, and states the facts attested by the notary in a 42 particular notarization.

[1382] 6 1 (10) ‘Notary public’ and ‘notary’ mean a person commissioned 2 to perform notarial acts pursuant to this chapter. A notary is a 3 public officer of the State of South Carolina and shall act in full 4 and strict compliance with this chapter. 5 (11) ‘Oath’ means a notarial act that is legally equivalent to an 6 affirmation and in which a notary certifies that at a single time and 7 place all of the following occurred: 8 (a) an individual appeared in person before the notary; 9 (b) the individual was personally known to the notary or 10 identified by the notary through satisfactory evidence; and 11 (c) the individual made a vow of truthfulness on penalty of 12 perjury while invoking a deity or using a form of the word ‘swear’. 13 (12) ‘Official misconduct’ means a notary’s performance of a 14 prohibited act or failure to perform a mandated act set forth in this 15 chapter or other law in connection with notarization. 16 (13) ‘Personal appearance’ and ‘appear in person before a 17 notary’ mean an individual and a notary are in close physical 18 proximity to one another so that they may freely see and 19 communicate with one another and exchange records back and 20 forth during the notarization process. 21 (14) ‘Personal knowledge’ or ‘personally known’ means 22 familiarity with an individual resulting from interactions with that 23 individual over a period of time sufficient to eliminate every 24 reasonable doubt that the individual has the identity claimed. 25 (15) ‘Principal’ means: 26 (a) in the case of an acknowledgment, the individual whose 27 identity and due execution of a record is being certified by the 28 notary; 29 (b) in the case of a verification or proof, the individual other 30 than a subscribing witness whose identity and due execution of the 31 record are being proven or signature is being identified as genuine; 32 or 33 (c) in the case of an oath or affirmation, the individual who 34 makes a vow of truthfulness on penalty of perjury. 35 (16) ‘Record’ means information that is inscribed on a tangible 36 medium and called a traditional or paper record. ‘Record’ may 37 also mean information that is inscribed on a tangible medium or 38 that is stored in an electronic or other medium. 39 (17) ‘Satisfactory evidence’ means identification of an 40 individual based on either: 41 (a) a current identification document issued by a federal or 42 state government agency bearing a photographic image of the 43 individual’s face and signature and a physical description, except

[1382] 7 1 that a properly stamped passport without a physical description is 2 acceptable; or 3 (b) upon the oath or affirmation of a credible witness 4 personally known to the notary public or of two credible witnesses 5 who present an identification document as provided in this section. 6 (18) ‘Seal’ or ‘stamp’ means a device for affixing on a paper 7 record an image containing a notary’s name, the words ‘notary 8 public’ and the words ‘State of South Carolina’. The device may 9 be in the form of an ink stamp or an embosser. 10 (19) ‘Secretary’ means the South Carolina Secretary of State or 11 the secretary’s designee. 12 (20) ‘Subscribing witness’ means a person who signs a record 13 for the purpose of being a witness to the principal’s execution of 14 the record or to the principal’s acknowledgment of his execution of 15 the record. 16 (21) ‘Verification’ or ‘proof’ means a notarial act in which a 17 notary certifies that: 18 (a) an individual appeared in person before the notary; 19 (b) the individual was personally known to the notary or 20 identified by the notary through satisfactory evidence; 21 (c) the individual was not a party to or beneficiary of the 22 transaction; and 23 (d) the individual took an oath or gave an affirmation and 24 testified that he is a subscribing witness and: 25 (i) witnessed the principal who signed the record; or 26 (ii) received the acknowledgement of the principal’s 27 signature from the principal who signed the record. 28 29 Section 26110. The Governor may appoint from the qualified 30 electors as many notaries public throughout the State as the public 31 good shall require requires, to hold their offices for a term of ten 32 years. A commission shall must be issued to each notary public so 33 appointed and the record of such the appointment shall must be 34 filed in the Office of the Secretary of State. All commissions 35 issued or renewed after July 1, 1967 shall be for the specified term. 36 All commissions issued prior to July 1, 1967, unless renewed for 37 the term herein provided, shall expire and terminate on January 1, 38 1970 for any person whose last name begins with A through K and 39 on January 1, 1971 for any person whose last name begins with L 40 through Z. 41 42 Section 26115. A person qualified for a notarial commission: 43 (1) must be a registered voter in this State;

[1382] 8 1 (2) shall speak, read, and write the English language; and 2 (3) shall submit an application containing no significant 3 misstatement or omission of fact. The application form must be 4 provided by the Secretary and must include the signature of the 5 applicant written with pen and ink, and the signature must be 6 acknowledged as the applicant’s by a person authorized to 7 administer oaths. 8 9 Section 26120. (A) Each county legislative delegation shall 10 determine whether the endorsement of notaries public must be by: 11 (1) onehalf of the members of the legislative delegation 12 representing that the county in which the applicant resides; or, 13 (2) endorsement by the senator and representative in whose 14 district the applicant resides, without other endorsers. 15 (B) Each county legislative delegation shall notify the 16 Secretary of State in writing if it chooses to utilize method (2) 17 within the individual county. If the county legislative delegation 18 chooses to utilize method (2), the applicant, senator, and 19 representative shall indicate their respective districts on the 20 application provided to the Secretary of State. If the office of 21 senator or representative from that district is vacant at the time the 22 application is submitted, the notary public may be appointed upon 23 the endorsement of a majority of the legislative delegation 24 representing the county in which the applicant resides. 25 26 Section 26125. (A) In addition to the methods of endorsement 27 of applications for notary public commissions provided in Section 28 26120, a legislator may provide for the endorsement of these 29 applications by authorizing either the member serving as chairman 30 or the member serving as secretary of the legislative delegation of 31 the county in which the applicant resides to sign on the legislator’s 32 behalf. 33 (B) A copy of the resolution adopting any or all of these 34 endorsement methods for a county must be forwarded to the 35 Secretary of State, after which the method or methods of 36 endorsement shall continue to apply in the county unless rescinded 37 by a subsequent later delegation resolution. 38 39 Section 26130. The fee for the issuance or renewal of a 40 commission is twentyfive dollars, collected by the Secretary of 41 State as other fees. 42

[1382] 9 1 Section 26140. Every A notary public shall take the oath of 2 office prescribed by the Constitution, and a certified copies of 3 which shall copy of the written oath must be recorded in the office 4 of the Secretary of State. 5 6 Section 26150. Every notary public shall, Within fifteen days 7 after he has been commissioned, a notary public shall exhibit his 8 commission to the clerk of the court of the county in which he 9 resides and be enrolled by the clerk. 10 11 Section 26160. Each A notary public shall have a seal of 12 office, which shall must be affixed to his instruments of 13 publications and to his protestations notarial acts. He shall 14 indicate below his signature the date of expiration of his 15 commission. But The absence of such the seal of office or date 16 prior to and after May 30, 1968 shall of expiration does not render 17 his acts invalid if his official title be is affixed thereto to it. 18 19 Section 26170. Any notary public whose name is legally 20 changed during his term of office may apply to the Secretary of 21 State in such manner as may be prescribed by him, and the 22 Secretary of State may change the name of the notary upon proper 23 application and upon payment of a fee of ten dollars. The term 24 expires at the same time as the original term. (Reserved) 25 26 Section 26180. The jurisdiction of notaries public shall extend 27 extends throughout the State. 28 29 Section 26190. (A) A notary public may administer oaths, 30 take depositions, affidavits, protests for nonpayment of bonds, 31 notes, drafts and bills of exchange, acknowledgments and proof of 32 deeds and other instruments required by law to be acknowledged 33 and renunciations of dower and perform all other acts provided by 34 law to be performed by notaries public. perform the following acts: 35 (1) acknowledgments; 36 (2) oaths and affirmations; 37 (3) attestations and jurats; 38 (4) signature witnessing; 39 (5) verifications of fact; and 40 (6) other acts authorized by law. 41 (B) A notarial act must be attested by the: 42 (1) signature of the notary, exactly as shown on the notary’s 43 commission;

[1382] 10 1 (2) legible appearance of the notary’s name exactly as 2 shown on the notary’s commission. The legible appearance of the 3 notary’s name may be ascertained from the notary’s typed or 4 printed name near the notary’s signature or from elsewhere in the 5 notarial certificate or from the notary’s seal if the name is legible; 6 and 7 (3) statement of the date the notary’s commission expires. 8 The statement of the date that the notary’s commission expires 9 may appear in the notary’s stamp or seal or elsewhere in the 10 notarial certificate. 11 (C) A notary may not perform a notarial act if the: 12 (1) principal or subscribing witness is not in the notary’s 13 presence at the time the notarial act is performed; 14 (2) principal or subscribing witness is not personally known 15 to the notary or identified by the notary through satisfactory 16 evidence; 17 (3) notary is a signer of, party to, or beneficiary of the record 18 that is to be notarized. A disqualification pursuant to this item 19 does not apply to a notary who is named in a record solely as the 20 trustee in a deed of trust, the drafter of the record, the person to 21 whom a registered document must be mailed or sent after 22 recording, or the attorney for a party to the record, so long as the 23 notary is not also a party to the record individually or in some 24 other representative or fiduciary capacity; or 25 (4) notary will receive directly from a transaction connected 26 with the notarial act any commission, fee, advantage, right, title, 27 interest, cash, property, or other consideration exceeding in value 28 the fees specified in Section 261100, other than fees or other 29 consideration paid for services rendered by a licensed attorney, a 30 licensed real estate broker or salesperson, a motor vehicle dealer, 31 or a banker. 32 (D) A notary shall not notarize a signature: 33 (1) on a blank or incomplete document; or 34 (2) on a document without notarial certificate wording. 35 (E) A notary may not certify or authenticate a photograph or 36 photocopy. 37 (F) A notary may certify the affixation of a signature by mark 38 on a record presented for notarization if: 39 (1) the mark is affixed in the presence of the notary; 40 (2) the notary writes below the mark: ‘Mark affixed by 41 (name of signer by mark) in presence of undersigned notary’; and

[1382] 11 1 (3) the notary notarizes the signature by performing an 2 acknowledgment, oath or affirmation, jurat, or verification or 3 proof. 4 (G) If a principal is physically unable to sign or make a mark 5 on a record presented for notarization, that principal may designate 6 another person, who must be a disinterested party, as his designee, 7 to sign on the principal’s behalf pursuant to the following 8 procedure: 9 (1) the principal directs the designee to sign the record in the 10 presence of the notary and two witnesses unaffected by the record; 11 (2) the designee signs the principal’s name in the presence of 12 the principal, the notary, and the two witnesses; 13 (3) both witnesses sign their own names to the record near 14 the principal’s signature; 15 (4) the notary writes below the principal’s signature: 16 ‘Signature affixed by designee in the presence of (names and 17 addresses of principal and witnesses)’; and 18 (5) the notary notarizes the signature through an 19 acknowledgment, oath or affirmation, jurat, or verification or 20 proof. 21 (H) A notary may sign the name of a principal physically 22 unable to sign or make a mark on a document presented for 23 notarization if: 24 (1) the principal directs the notary to sign the record in the 25 presence of two witnesses unaffected by the record; 26 (2) the notary signs the principal’s name in the presence of 27 the principal and the witnesses; 28 (3) both witnesses sign their own names to the record near 29 the principal’s signature; 30 (4) the notary writes below the principal’s signature: 31 ‘Signature affixed by the notary at the direction of (name of 32 principal unable to sign or make a mark) and also in the presence 33 of (names and addresses of witnesses)’: and 34 (5) the notary notarizes the signature through an 35 acknowledgment, oath or affirmation, jurat, or verification or 36 proof. 37 (I) A notary public who is not an attorney licensed to 38 practice law in this State and who advertises his services as a 39 notary public in a language other than English, by radio, television, 40 signs, pamphlets, newspapers, other written communication, or in 41 another manner, shall post or otherwise include with the 42 advertisement the notice set forth in this subsection in English and 43 in the language used for the advertisement. The notice must be of

[1382] 12 1 conspicuous size, if in writing, and must state: ‘I AM NOT AN 2 ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE 3 OF SOUTH CAROLINA, AND I MAY NOT GIVE LEGAL 4 ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ The 5 notice must provide fees for notarial acts specified in Section 6 261100. If the advertisement is by radio or television, the 7 statement may be modified but must include substantially the same 8 message. 9 (J) A notary public who is not an attorney licensed to practice 10 law in this State may not render a service that constitutes the 11 unauthorized practice of law. A nonattorney notary may not assist 12 another person in drafting, completing, selecting, or understanding 13 a record or transaction requiring a notarial act. 14 (K) A notary may not claim to have powers, qualifications, 15 rights, or privileges that the office of notary does not provide 16 including the power to counsel on immigration matters. 17 (L) A notary may not use the term ‘notario publico’ or any 18 equivalent nonEnglish term in any business card, advertisement, 19 notice, or sign. 20 (M) A notary may not execute a certificate that is not written in 21 the English language. A notary may execute a certificate written 22 in the English language that accompanies a record written in 23 another language, which record may include a translation of the 24 notarial certificate into the other language. In that instance, the 25 notary shall execute only the English language certificate. 26 27 Section 26195. A notary public who, in his official capacity, 28 falsely certifies to affirming, swearing, or acknowledging of a 29 person or his signature to an instrument, affidavit, or writing is 30 guilty of a misdemeanor and, upon conviction, must be fined not 31 more than two hundred dollars or imprisoned not more than thirty 32 days. A notary public convicted under the provisions of this 33 section shall forfeit his commission and shall not be issued another 34 commission. The court in which the notary public is convicted 35 shall notify the Secretary of State within ten days after conviction. 36 37 Section 261100. A notary public shall exercise no power or 38 jurisdiction in criminal cases. (A) The maximum fees that may 39 be charged by a notary for notarial acts are: 40 (1) acknowledgments, five dollars per signature; 41 (2) oaths or affirmations without a signature, five dollars 42 (3) jurats, five dollars per signature; 43 (4) signature witnessing, five dollars per signature; and

[1382] 13 1 (5) verification of facts, five dollars per certificate. 2 (B) A notary who charges a fee for his notarial services shall 3 display conspicuously in his place of business, or present to each 4 principal outside his place of business, an Englishlanguage 5 schedule of fees for notarial acts. 6 (C) A notary may charge a travel fee when traveling to perform 7 a notarial act if the notary: 8 (1) and the person requesting the notarial act agree upon the 9 travel fee in advance of the travel; and 10 (2) explains to the person requesting the notarial act that the 11 travel fee is both separate from the notarial fee prescribed by 12 subsection (A) and neither specified nor mandated by law. 13 (D) Nothing in this chapter compels a notary to charge a fee. 14 15 Section 261110. Any attorney at law who is a notary public may 16 exercise all his powers as a notary notwithstanding the fact that he 17 may be interested as counsel or attorney at law in any matter with 18 respect to which he may so exercise any such power and may 19 probate in any court in this State in which he may be counsel. 20 When notarizing a paper record, a notary shall sign by hand in ink 21 on the notarial certificate. The notary shall comply with the 22 requirements of Section 26190 (B)(1) and (2). The notary shall 23 affix the official signature only after the notarial act is performed. 24 The notary may not sign a paper record using the facsimile stamp 25 or an electronic or other printing method; except that, a notary with 26 a disability may use a signature stamp that depicts the notary’s 27 signature in a clear and legible manner, upon prior approval of the 28 Secretary. 29 30 Section 261120. A notary public who is a stockholder, director, 31 officer or employee of a corporation may take renunciation of 32 dower in any written instrument, take the acknowledgment or the 33 oath of a subscribing witness of any party to a written instrument 34 executed to or by such corporation, administer an oath to any 35 stockholder, director, officer, employee or agent of such 36 corporation or protest for nonacceptance or nonpayment bills of 37 exchange, drafts, checks, notes and other negotiable instruments 38 which may be owned or held for collection by such corporation. 39 But when a notary public is individually a party to an instrument it 40 shall be unlawful for him to take the acknowledgment or probate 41 to such instrument executed by or to a corporation of which he is a 42 stockholder, director, officer or employee or to protest any such 43 negotiable instrument owned or held for collection by such

[1382] 14 1 corporation. (A) A notary may not make or give a notarial 2 certificate unless the notary has either personal knowledge or 3 satisfactory evidence of the identity of the principal and, if 4 applicable, the subscribing witness. 5 (B) By making or giving a notarial certificate, whether or not 6 stated in the certificate, a notary certifies that: 7 (1) at the time the notarial act was performed and the 8 notarial certificate was signed by the notary, the notary was 9 lawfully commissioned, the notary’s commission had neither 10 expired nor been suspended, the notarial act was performed within 11 the geographic limits of the notary’s commission, and the notarial 12 act was performed in accordance with the provision of this chapter; 13 (2) if the notarial certificate is for an acknowledgment or the 14 administration of an oath or affirmation, the person whose 15 signature was notarized did not appear in the judgment of the 16 notary to be incompetent, lacking in understanding of the nature 17 and consequences of the transaction requiring the notarial act, or to 18 be acting involuntarily, under duress, or undue influence; and 19 (3) the notary was not prohibited from acting pursuant to this 20 chapter. 21 (C) The inclusion of additional information in a notarial 22 certificate including the representative or fiduciary capacity in 23 which a person signed or the means a notary used to identify a 24 principal does not invalidate an otherwise sufficient notarial 25 certificate. 26 (D) A notarial certificate for the acknowledgment must comply 27 with Chapter 3, Title 26, the Uniform Recognition of 28 Acknowledgments Act. 29 (E) A notarial certificate for the verification or proof of the 30 signature of a principal by a subscribing witness taken by a notary 31 is sufficient and must be accepted in this State if it is substantially 32 in a form otherwise prescribed by the laws of this State, or if it: 33 (1) identifies the state and county in which the verification 34 or proof occurred; 35 (2) names the subscribing witness who appeared in person 36 before the notary; 37 (3) names the principal whose signature on the record is to 38 be verified or proven; 39 (4) indicates that the subscribing witness certified to the 40 notary under oath or by affirmation that the subscribing witness is 41 not a party to or beneficiary of the transaction, signed the record as 42 a subscribing witness, and either: 43 (i) witnessed the principal sign the record; or

[1382] 15 1 (ii) witnessed the principal acknowledge the principal’s 2 signature on the record; 3 (5) states the date of the verification or proof; 4 (6) contains the signature of the notary who took the 5 verification or proof; and 6 (7) states the notary’s commission expiration date. 7 (F) A notarial certificate for an oath or affirmation taken by a 8 notary is sufficient and must be accepted in this State if it is 9 substantially in a form otherwise prescribed by the laws of this 10 State, or if it: 11 (1) names the principal who appeared in person before the 12 notary unless the name of the principal otherwise is clear from the 13 record itself; 14 (2) indicates that the principal who appeared in person 15 before the notary signed the record in question and certified to the 16 notary under oath or by affirmation as to the truth of the matters 17 stated in the record; 18 (3) states the date of the oath or affirmation; 19 (4) contains the signature of the notary who took the oath or 20 affirmation; and 21 (5) states the notary’s commission expiration date. 22 (G) A notarial certificate made in another jurisdiction is 23 sufficient in this State if it is made in accordance with federal law 24 or the laws of the jurisdiction where the notarial certificate was 25 made. 26 (H) On records to be filed, registered, recorded, or delivered in 27 another state or jurisdiction of the United States, a South Carolina 28 notary may complete a notarial certificate that is required in that 29 other state or jurisdiction. 30 (I) If an individual signs a record and purports to be acting in a 31 representative or fiduciary capacity that individual shall provide 32 sufficient evidence to the notary that he is signing the record with 33 proper authority to do so on behalf of the person or entity 34 represented and identified in the evidence or in the fiduciary 35 capacity indicated in the evidence. In performing a notarial act in 36 relation to an individual described pursuant to this subsection, a 37 notary has no duty to verify whether the individual acted in a 38 representative or fiduciary capacity or, if so, whether the 39 individual was duly authorized to do so. A notarial certificate may 40 include a statement: 41 (1) that an individual signed a record in a particular 42 representative or fiduciary capacity;

[1382] 16 1 (2) that the individual who signed the record in a 2 representative or fiduciary capacity had due authority to do so; or 3 (3) identifying the represented person or entity or the 4 fiduciary capacity. 5 6 Section 261130. The following changes in the notary’s status 7 must be submitted to the Office of the Secretary of State on a 8 Change in Status Form, accompanied by a fee of ten dollars, and in 9 a form and manner that is prescribed by the Secretary: 10 (1) within fortyfive days after the change of a notary’s 11 residence, business, or a mailing address or telephone number, the 12 notary shall notify the Secretary of the change. The notary’s term 13 expires at the same time as the original term: 14 (2) within fortyfive days after the legal change of a notary’s 15 name, the notary shall notify the Secretary of the name change: 16 (a) a notary with a new name may continue to use the 17 former name in performing notarial acts until the notary receives a 18 confirmation of Notary’s Name Change Form from the Secretary; 19 (b) upon receipt of the confirmation of the Notary’s Name 20 Change Form from the Secretary, the notary shall use the new 21 name and shall destroy or deface all notary seals bearing the 22 former name so that they may not be misused; and 23 (c) the notary’s term expires at the same time as the 24 original term; and 25 (3) within fortyfive days after the change of a notary’s 26 county of residence, the notary shall notify the Secretary of the 27 change of county. A notary who has moved to another county in 28 South Carolina remains commissioned until the current 29 commission expires, is not required to obtain a new seal, and may 30 continue to notarize without changing his seal. 31 32 Section 261140. (A) A notary who resigns the notary’s 33 commission shall submit to the Secretary a Change in Status Form 34 indicating the effective date of resignation. 35 (B) A notary who ceases to reside in this State, or who becomes 36 permanently unable to perform his notarial duties, shall resign his 37 commission and submit to the Secretary a Change in Status Form 38 indicating the effective date of resignation. 39 (C) A notary who resigns his commission shall destroy or 40 deface all notary seals so that they may not be misused. 41 42 Section 261145. If a notary dies during the term of commission, 43 the notary’s personal representative shall:

[1382] 17 1 (1) notify the Secretary of State of the death in writing; and 2 (2) as soon as reasonably practical, destroy or deface all notary 3 seals so that they may not be misued. 4 5 Section 261150. (A) Except as otherwise permitted by law, a 6 person who commits one of the following acts is guilty of a 7 misdemeanor: 8 (1) holding one’s self out to the public as a notary if the 9 person does not have a commission; 10 (2) performing a notarial act if the person’s commission has 11 expired or been suspended or restricted; or 12 (3) performing a notarial act before the person had taken the 13 oath of office. 14 (B) A notary is guilty of a misdemeanor if the notary takes: 15 (1) an acknowledgment or administers an oath or affirmation 16 without the principal appearing in person before the notary; 17 (2) a verification or proof without the subscribing witness 18 appearing in person before the notary; 19 (3) an acknowledgment or administers an oath or affirmation 20 without personal knowledge or satisfactory evidence of the identity 21 of the principal; or 22 (4) a verification or proof without personal knowledge or 23 satisfactory evidence of the identity of the subscribing witness. 24 (C) A notary is guilty of a felony if the notary takes: 25 (1) an acknowledgment or a verification or proof or 26 administers an oath or affirmation if the notary knows it is false or 27 fraudulent; 28 (2) an acknowledgment or administers an oath or affirmation 29 without the principal appearing in person before the notary if the 30 notary does so with the intent to commit fraud; or 31 (3) a verification or proof without the subscribing witness 32 appearing in person before the notary if the notary does so with the 33 intent to commit fraud. 34 (D) It is a felony for a person to perform notarial acts in this 35 State with the knowledge that he is not commissioned pursuant to 36 this chapter. 37 (E) A person who without authority obtains, uses, conceals, 38 defaces, or destroys the seal or notarial records of a notary is guilty 39 of a felony. 40 (F) A person who knowingly solicits, coerces, or in a material 41 way influences a notary to commit official misconduct is guilty as 42 an aider and abettor and is subject to the same level of punishment 43 as the notary.

[1382] 18 1 (G) The sanctions and remedies of this chapter supplement 2 other sanctions and remedies provided by law. 3 (H) A notary public convicted under the provisions of this 4 section must forfeit his commission and must not be issued another 5 commission. The court in which the notary public is convicted 6 shall notify the Secretary of State within ten days after conviction. 7 (I)(1) A person who violates the provisions of subsection (A) 8 or (B) is guilty of a misdemeanor and, upon conviction, must be 9 fined not more than five hundred dollars or imprisoned for not 10 more than thirty days. 11 (2) A person who violates the provisions of subsection (C), 12 (D), or (E) is guilty of a felony and, upon conviction, must be fined 13 not more than five thousand dollars or imprisoned for not more 14 than five years. 15 16 Section 261160. A notary public has no power or jurisdiction in 17 criminal cases. 18 19 Section 261170. An attorney at law who is a notary public may 20 exercise all his powers as a notary, notwithstanding the fact that he 21 may be interested as counsel or attorney at law in a matter with 22 respect to which he may exercise the power, and may probate in 23 any court in this State in which he may be counsel. 24 25 Section 261180. A notary public who is a stockholder, director, 26 officer, or employee of a corporation may perform a notarial act 27 for that corporation unless the notary public is individually a party 28 to the instrument or record that is the subject of the notarial act. 29 30 Section 261190. On a notarized document sent to another state 31 or nation, evidence of the authenticity of the official seal and 32 signature of a notary of this State, if required, must be in the form 33 of: 34 (1) a certificate of authority from the Secretary of State or 35 designated local official, authenticated as necessary by additional 36 certificates from United States or foreign government agencies; or 37 (2) in the case of a notarized document to be used in a nation 38 that has signed and ratified the Hague Convention Abolishing the 39 Requirement of Legalization for Foreign Public Documents of 40 October 5, 1961, an apostille from the federally designated official 41 in the form prescribed by the convention, with no additional 42 authenticating certificates required. 43

[1382] 19 1 Section 261200. A certificate of authority evidencing the 2 authenticity of the official seal and signature of a notary of this 3 State must be substantially in the following form: 4 5 Certificate of Authority for Notarial Act 6 7 I, ( name of Secretary of State ) South Carolina Secretary of 8 State, certify that ( name of notary ), the person named in 9 the seal and signature on the attached document, was a Notary 10 Public for the State of South Carolina and authorized to act as such 11 at the time of the document’s notarization. 12 13 To verify this Certificate of Authority for a Notarial Act, I have 14 affixed below my signature and seal of office this ______day 15 of______, 20___. 16 17 (Signature and seal of commissioning official) 18 19 Section 261210. The Secretary of State may charge a reasonable 20 fee for issuing a certificate of authority or an apostille. 21 22 Section 261220. (A) The Secretary shall not issue a certificate 23 of authority or an apostille for a document if the Secretary has 24 cause to believe that the certificate is desired for an unlawful or 25 improper purpose. The Secretary may examine not only the 26 document for which a certificate is requested, but also any 27 documents to which the previous seals or other certifications may 28 have been affixed by other authorities. The Secretary may request 29 any additional information that may be necessary to establish that 30 the requested certificate will serve the interests of justice and is not 31 contrary to public policy, including a certified or notarized English 32 translation of document text in a foreign language. 33 (B) The Secretary shall not issue a certificate of authority or an 34 apostille for any one or more of the following: 35 (1) a seal or signature that cannot be authenticated by either 36 the Secretary or another official; 37 (2) a seal or signature of a foreign official; or 38 (3) a facsimile, photostat, photographic, or other 39 reproduction of a signature or seal. 40 (C) The Secretary may not include within the certificate of 41 authority or apostille any statement that is not within the 42 Secretary’s power or knowledge to authenticate. The Secretary 43 may not certify that a document has been executed or certified in

[1382] 20 1 accordance with the law of any particular jurisdiction or that a 2 document is a valid document in a particular jurisdiction. 3 4 Section 261230. Nothing in this act may be construed to 5 contradict the requirements of Section 622503.” 6 7 SECTION 2. This act takes effect upon approval by the 8 Governor. 9 XX 10

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