South Carolina § 26-2-60 - Attachment of electronic notarial certificate; requirements; electronic seals.

§ 26-2-60. Attachment of electronic notarial certificate; requirements; electronic seals.

(A) When performing an electronic notarial act, an electronic notarial certificate must be attached to, or logically associated with, the electronic document by the electronic notary public and must include:

(1) the electronic notary public's name exactly as stated on the commission issued by the Secretary of State;

(2) the electronic notary public's electronic seal;

(3) the expiration date of the electronic notary public's commission;

(4) the electronic notary public's electronic signature; and

(5) completed wording appropriate to the particular electronic notarial act, as prescribed by law.

(B) All components in subsection (A)(2) through (5) must be immediately perceptible and reproducible in the electronic record to which the electronic notary public's electronic signature is attached, such that removal or alteration of a component is tamper evident and will render evidence of alteration of the document containing the electronic notarial certificate, which may invalidate the electronic notarial act. If an electronic seal is not used, then the words "Electronic Notary Public" and the words "State of South Carolina" must still be attached.

(C) An electronic notary public's electronic signature or electronic seal is considered to be reliable if it is:

(1) unique to the electronic notary public;

(2) capable of independent verification;

(3) retained under the electronic notary public's sole control;

(4) attached to or logically associated with the electronic document; and

(5) linked to the data in such a manner that any subsequent alterations to the underlying document or electronic notarial certificate are tamper evident and may invalidate the electronic notarial act.

(D) The electronic seal of an electronic notary public shall contain the:

(1) name of the electronic notary public exactly as it is spelled on the electronic notary public's commission;

(2) title "Notary Public";

(3) words "State of South Carolina";

(4) registration number indicating that the electronic notary public may perform electronic notarial acts; and

(5) expiration date of the electronic notary public's commission.

(E) The electronic seal of an electronic notary public may be a digital image that appears in the likeness or representation of a traditional physical notary public seal. The electronic seal of an electronic notary public may not be used for any purpose other than performing electronic notarizations under this chapter.

(F) Only the electronic notary public whose name and registration number appear on an electronic seal shall generate that electronic seal.

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."