In-Person Paper/Electronic Notarizations
Am I required by law to maintain a notary journal in South Carolina?
No, a notary public in the State of South Carolina is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of South Carolina and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of South Carolina does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Am I required by law to maintain a notary journal in South Carolina for in-person electronic notarizations?
Yes, a notary in South Carolina performing in-person electronic notarizations must maintain and electronic notary journal
“An electronic notary public shall create and maintain an electronic journal of each electronic notarial act” (SCC 26-2-90[A]).
Journal format
Electronic journal required
“An electronic notary public shall create and maintain an electronic journal of each electronic notarial act” (SCC 26-2-90[A]).
Journal entry requirements
“For every electronic notarial act, the electronic notary public shall record the following information in the electronic journal:
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(1) the date and time of the electronic notarial act
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(2) the type of electronic notarial act
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(3) the title or a description of the record being notarized, if any;
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(4) the printed full name of each principal;
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(5) if identification of the principal is based on personal knowledge, a statement to that effect;
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(6) if identification of the principal is based on satisfactory evidence of his identity pursuant to Section 26-1-5(17), a description of the evidence relied upon and the name of any credible witness or witnesses;
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(7) the address where the notarization was performed, if the notarization was not performed at the electronic notary public’s business address;
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(8) if the notarial act is performed electronically, a description of the electronic notarization system used; and
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(9) the fee, if any, charged by the electronic notary” (SCC 26-2-90[A]).
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of South Carolina?
No, notaries in the State of South Carolina are not authorized to perform remote online notarizations
Reference Links
Helpful resources for South Carolina Notaries
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Secretary of State Website for Notaries
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Secretary of State FAQs for South Carolina Notaries
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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