S.C. Code Regs. § § 113-470

Current through Register Vol. 48, No. 11, November 22, 2024

Section 113-470 - Access and Use of Electronic Notary Seal and Electronic Signature

A. The electronic notary public's electronic signature and seal shall remain within the exclusive control of the electronic notary public. Access to electronic notary signatures and electronic notary seals must be protected by the use of a biometric verification, password authentication, token authentication, or other form of authentication approved by the Secretary of State according to the South Carolina Electronic Notary Public Act.

B. An electronic notary public shall not disclose any access information used to affix the electronic notary public's electronic signature or electronic seal to electronic records except:

(1) When requested by the Secretary of State's Office or a law enforcement officer;

(2) When required by court order or subpoena; or

(3) Pursuant to an agreement to facilitate electronic notarizations with a vendor or other technology provider identified in an application submitted under the South Carolina Electronic Notary Public Act.

C. An electronic notary public must replace an electronic seal or signature under any of the following circumstances:

(1) The electronic notary public's registration has expired.

(2) The electronic seal or signature is for any reason no longer valid or capable of authentication.

(3) The electronic notary public has changed any of the following information, or the following information has changed for any reason:

(a) The electronic notary public's name;

(b) The electronic notary public's jurisdiction;

(c) The electronic notary public's registration number; or

(d) The expiration date of notary public commission.

S.C. Code Regs. § 113-470

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