S.C. Code Regs. § § 113-410

Current through Register Vol. 48, No. 9, September 27, 2024

Section 113-410 - Application for Registration as an Electronic Notary

A. A notary public must submit the application for registration electronically with the Secretary of State. This electronic application shall include:

(1) The notary's full legal name and the name under which the notary public's commission was issued, if different;

(2) The residential address of the notary public and the county in which the notary public's commission is enrolled pursuant to Section 26-1-50;

(3) The email address of the notary;

(4) Proof of the successful completion of the electronic notary course of instruction, including the date of completion and name of the course of instruction on the duties of an electronic notary as approved by the Secretary of State;

(5) The expiration date of the notary public's commission;

(6) The disclosure of all license or commission revocations or other disciplinary actions against the notary public;

(7) A description of the notary technology that the notary public intends to use to perform notarial acts with respect to electronic notarizations, including the name of the electronic notary system provider. The description must include:

(a) The technology to be used in attaching an electronic notarial certificate, signature, or seal to an electronic document;

(b) The technology used to maintain the electronic journal; and

(c) The technology used to render electronic records tamper-evident;

(8) If the device used to create the registrant's electronic signature was issued or registered through a licensed certification authority, then the application must include:

(a) The name of that authority;

(b) The source of the license; and

(c) The starting and expiration dates of the device's term of registration; and

(9) A copy of the notary public's electronic signature, electronic notarial certificate and electronic seal, along with any necessary instructions or techniques supplied by the vendor or notary public that allows the signature and stamp to be read and authenticated.

B. The Secretary of State may exempt from disclosure under the Freedom of Information Act the residential address and email address of the notary, except as otherwise required by statute, regulation, or court order.

S.C. Code Regs. § 113-410

Adopted by State Register Volume 46, Issue No. 06, eff. 6/24/2022.