Note: You can find your legislative delegation office's address and contact number at the end of the notary application. If your county does not have a delegation office address, send your application to the House of Representatives.
To become a notary public in South Carolina, you must meet the following eligibility requirements:
To verify your voter registration number, call your County Board of Elections and Voter Registration or visit the South Carolina Election Commission website.
To renew your notary commission in South Carolina, you must follow the same steps as when you first applied for a notary commission. You must:
The Office of the Secretary of State does not send renewal notices; therefore, you should start the renewal application process at least eight to twelve weeks before your commission expiration date to allow adequate time for renewal processing by your legislative delegation and the secretary of state.
Note: A renewal application that indicates a notary has changed his or her name or address will be rejected if a Change in Status and Duplicate Commission Request Form is not filed with the Secretary of State’s Office.
South Carolina notaries public are appointed by the governor and commissioned by the secretary of state.
No. South Carolina does not allow out-of-state residents to become South Carolina notaries public, even if they are employed within the State of South Carolina.
In South Carolina, notaries public are appointed for a term of ten years. A notary cannot notarize documents after their notary commission expires without first renewing their notary commission with the secretary of state.
No. South Carolina notary statutes do not require a notary applicant to take any training or an exam. However, the American Association of Notaries recommends that all South Carolina notary applicants complete a notary course so they can clearly understand their state’s notary laws and the duties and responsibilities of a notary public.
The cost to become a notary in South Carolina includes:
A notary errors and omissions (E&O) insurance policy is not required to become a South Carolina notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every South Carolina notary obtain a notary E&O insurance policy. This insurance protects you from a claim if a client sues you as a notary. A notary E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a South Carolina notary public.
A notary bond is not required in South Carolina to become a notary public or to renew your notary public commission.
Note: A notary public is liable to any person for damages that result from their negligence, errors, official malfeasance, or omissions. South Carolina notaries are encouraged to purchase a notary E&O insurance policy to insure themselves against such claims.
Yes. You must use a rubber notary stamp or a notary seal embosser every time you notarize a document.
The South Carolina notary statutes do not provide the legal specifications regarding the layout and dimensions required for a notary’s seal or stamp. However, embossers and rubber-inked stamps must contain the following elements:
Note: The notary’s commission expiration date may optionally be included in the notary’s seal or stamp. A notary public is required to include their commission expiration date below the notary’s signature (S.C. Code of Laws §26-1-60). Furthermore, Section 26-1-90(B)(3) states, “The statement of the date that the notary’s commission expires may appear in the notary’s stamp or seal or elsewhere in the notarial certificate.”
The American Association of Notaries offers quality notary stamps and seals at savings of up to 40% or more compared to the same products elsewhere. Click here to order your South Carolina notary stamp, complete notary package, and other notary supplies.
South Carolina law does not address the steps to follow when a notary seal is lost or stolen. However, the American Association of Notaries recommends you report the incident to the secretary of state and to your local law enforcement agency. After notifying the secretary of state, you may click here to order a new seal.
South Carolina notarial fees are set by state notary statute (S.C. Code of Laws §26-1-100). The maximum fees that may be charged by a South Carolina notary public for various notarial acts are listed below:
According to S.C. Code of Laws §26-1-100(C), a notary public may charge a travel fee when traveling to perform a notarial act if both of the following are true:
Note:
Notary journal requirements for each type of notarization in South Carolina:
A notary journal (also known as a record book, log book, or register book) is your first line of defense in proving your innocence if a notarial act you performed is questioned or if you are requested to testify in a court of law about a notarial act you performed in the past. A properly recorded notarial act creates a paper trail that will help investigators locate and prosecute signers who have committed forgery or fraud. Properly recorded notarial acts provide evidence that you followed your state laws and notary’s best practices.
The American Association of Notaries offers notary journals in tangible and electronic formats.
Click here to purchase a tangible notary journal.
Click here to become a member and access our electronic notary journal.
For Traditional Notarizations – Although notaries performing traditional notarizations are not required to maintain a notary journal, the secretary of state recommends that they record the following information:
For Electronic Notarizations – South Carolina requires notaries performing electronic notarizations to chronicle the following information in their notary journals:
Prohibited Information: An electronic notary public may not record a Social Security number in the electronic journal.
Since tangible notary journals are optional, South Carolina notary laws do not address this question. We recommend you contact the appropriate law enforcement agency and the secretary of state.
South Carolina notary laws do not address this question, since tangible notary journals are optional. We recommend you keep the tangible notary journal indefinitely.
You may perform notarial acts while you are physically anywhere within the geographic borders of the state of South Carolina.
A South Carolina notary public is authorized to perform the following notarial acts (S.C. Code of Laws §26-1-90):
South Carolina law allows the following two types of notarizations.
Traditional notarization – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. Traditional notarization involves an individual signing a tangible document with an inked pen and a notary public signing and affixing an inked notary stamp impression to the tangible notarial certificate.
Electronic notarization (IPEN) - This type of notarization requires the signer and the electronic notary to meet physically in the same room within face-to-face proximity of one another. However, the notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.
To become an electronic notary public in South Carolina, you must:
The final step will allow the notary to receive and print their electronic notarial certificate. For more information on how to become a South Carolina electronic notary public, visit the secretary of state’s website.
You must notify the Secretary of State's Office within forty-five days if your residence, business, or mailing address, county of residence, or telephone number on file changes while you are an active South Carolina notary public.
To update your information on file with the secretary of state, you must:
If you no longer live in the state of South Carolina, you must resign your commission.
If your legal name changes, you must notify the Secretary of State’s Office within forty-five days of the change.
To change your notary name and receive a new South Carolina notary commission certificate, you must:
You must use your former name for notarial duties until you receive your updated notary commission certificate with the new name.
Once you receive your new notary commission certificate, you will need a new seal that reflects your name change. You will also need to destroy or deface any seals bearing your old name so they cannot be misused. The expiration of your term as a notary public will remain the same as it was assigned prior to your name change.
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.
Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.