South Carolina § 26-2-140 - Liability, sanctions, and remedies for improper performance of electronic notarial acts; termination of electronic notary public's registration.

§ 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 of electronic notarial acts, or for providing false or misleading information in registering to perform electronic notarial acts, by an electronic notary public are the same as provided by law for the improper performance of nonelectronic notarial acts.

(B)(1) The Secretary of State may terminate an electronic notary public's registration for one or more of the following reasons:

(a) the submission of an electronic registration form containing a material misstatement or omission of fact;

(b) the failure to maintain the capability to perform electronic notarial acts; or

(c) official misconduct by the electronic notary public.

(2) If the Secretary of State terminates an electronic notary public's registration, then the Secretary of State shall send written notice by certified mail to the electronic notary public at his last known address. A person who has had his electronic notary public registration terminated has thirty days from the receipt of the notice to appeal the termination by filing a request for a contested case hearing with the South Carolina Administrative Law Court.

(3) Neither resignation nor expiration of a notary commission or of an electronic notary public registration precludes or terminates an investigation by the Secretary of State into an electronic notary public's conduct. The investigation may be pursued to a conclusion, when it must be made a matter of public record whether the finding would have been grounds for the termination of the electronic notary public's commission or registration.

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."