Notary Requirements for South Carolina: 2025 Updated

This guide outlines requirements for becoming and renewing as a South Carolina Notary Public, based on official state sources as of May 2025. It covers eligibility, application, renewals, tools, oath, remote notarization, and FAQs.

• Eligibility Requirements
• Application Process for New Notary Commission
• Surety Bond Requirements
• Notary Seal and Journal Requirements
• Oath of Office and Recording the Commission
• Commission Term and Expiration
• Commission Renewal Process
• Remote Online Notarization (RON)
• Official Resources
• Frequently Asked Questions (FAQ)

Eligibility Requirements

Applicants must meet these criteria:

• Residency and Voter Registration: Be a registered voter in South Carolina (implies ≥18 years old, U.S. citizen, SC resident). Non-residents cannot be commissioned.

• English Language: Able to read and write English.

• Truthfulness: Submit a complete, truthful application; no significant misstatements/omissions.

• Good Character: No disqualifying misconduct. The Secretary of State (SOS) encourages familiarity with notary laws (e.g., Notary Public Reference Manual).

No specific education, training, or exam is required.

Get a notary stamp that meets South Carolina’s official requirements, available in multiple formats and shipped within one business day.

Order South Carolina Notary Stamp

Application Process for New Notary Commission

1. Obtain Application Form: Download the official Notary Public Application and Renewal Application (PDF) from the SC SOS website.

2. Complete Application: Fill out the top portion with personal information, including your SC voter registration number.

3. Take Oath and Notarize Signature: The application includes an oath. Sign the application before a notary or authorized officer; your signature must be notarized by another notary. Ensure signature and notarization dates match.

4. Legislative Endorsement: Do not complete the bottom portion. Submit your application to your county’s legislative delegation office. They verify voter registration, endorse, and forward it to the SOS.

5. Application Fee: $25.00, payable to SC Secretary of State (check, money order, or via emailed electronic payment link from SOS).

6. Submit to County Delegation: Mail or deliver signed, notarized application and fee to your county legislative delegation office.

7. State Processing: After delegation endorsement, the SOS processes the application. The Governor appoints, SOS commissions. The commission certificate (showing name and expiration) is mailed to your application address.

8. Timeline: 2 to 12 weeks.

9. Verify Information: Upon receipt, check certificate for accuracy. Return to SOS for corrections if needed (no extra charge).

   • Post-Commission Steps: Before notarizing, further steps (oath filing, commission recording) are required.

Surety Bond Requirements

South Carolina does not require notaries to obtain a surety bond. Optional Errors and Omissions (E&O) insurance is a personal choice.

Notary Seal and Journal Requirements

Notary Seal (Official Stamp): Mandatory; must be affixed to each notarial act.

• Format: Rubber ink stamp or embosser (rubber stamp preferred for reproducibility).

• Content: No exact design dictated, but should clearly show official title and jurisdiction. At minimum: “Notary Public” and “South Carolina.” Most seals also include the notary's name. Commission expiration date may be included but is optional on the seal itself.

• Expiration Date Requirement: For every notarization, the commission expiration date must be indicated near your signature (can be on seal or handwritten/typed). Recommended to always include seal and expiration.

• Security: Your responsibility. Destroy/deface upon commission end or if lost/stolen.

Notary Journal: Not required by South Carolina law, but strongly encouraged by SOS as best practice.

• A journal (bound book or electronic log) provides a detailed record (date, act type, parties, document, ID method) and can protect you if a notarization is questioned.

Oath of Office and Recording the Commission

1. Oath of Office: Taken on the notary application form (signed and notarized). SOS retains a copy. No separate post-appointment oath ceremony.

2. Clerk of Court Enrollment: Within 15 days after commissioning, present your commission certificate to the Clerk of Court in your county of residence to have it enrolled (recorded). A small county fee applies. Sign the Clerk’s notary register. While statute specifies 15 days, complete this step ASAP if missed.

   • Moving Counties: If you move, enroll commission with Clerk of Court in new county of residence.

   • Name Change: Enroll new commission certificate if name changes.

Commission Term and Expiration

• Term Length: Ten (10) years from appointment date (on certificate).

• Authority: Statewide jurisdiction. Limited to SC borders. Cannot notarize if physically outside SC.

• Expiration and Lapse: No automatic renewals or state reminders. Your responsibility to track. If not renewed by expiration, commission lapses; stop notarizing immediately. No grace period for notarizing.

Commission Renewal Process

Essentially the same as new application.

1. When to Renew: Recommended 8-12 weeks before expiration to allow processing and avoid lapse.

2. Application Form: Use standard Notary Public Application/Renewal form; check "Renewal."

3. Oath and Notarization: Sign oath on application; have signature notarized.

4. Legislative Delegation Approval: Submit renewal to county legislative delegation.

5. Fee: $25.00.

6. Processing: SOS issues new 10-year commission; certificate mailed.

7. Oath and Recording: Re-enroll new commission with Clerk of Court.

8. Seal Updates: Update seal if expiration date was on it or if name changed. Destroy old seal.

9. Lapsed Commissions: If expired, apply as new.

Remote Online Notarization (RON)

As of May 2025, South Carolina has not legalized full remote online notarization where the signer is remote.

• Electronic Notarization (In-Person Electronic - IPEN): The 2021 Electronic Notary Public Act allows commissioned notaries to register as "electronic notaries." An electronic notary can notarize electronic documents using an e-seal and digital signature, but the signer must still physically appear before the notary.

  • Apply via SOS Online Notary Registration Portal. Requires training video, test, and selection of approved technology vendors.

• Remote Online Notarization (True RON): SC law does not currently authorize notarizing for a remotely located signer via webcam/audio-visual tech. The SOS explicitly states remote notarization is not legalized.

• Implications: SC notaries cannot perform RON. All notarizations require the signer's physical presence.

Official Resources

• South Carolina SOS – Notaries Public: sos.sc.gov > Notaries (forms, FAQs, updates).

• Notary Public Application Form (New/Renewal): PDF on SOS website.

• SC Notary Public Reference Manual (2023): Detailed PDF guide on SOS website.

• SC Code of Laws – Title 26, Chapter 1 (Notaries Public); Chapter 2 (Electronic Notary Act): Via SC Legislature’s website.

• Online Notary (Electronic Notary) Registration Portal: Via SOS website for IPEN registration.

• SC SOS Notary Division Contact: (803) 734-2512; Email [email protected] Address: 1205 Pendleton Street, Suite 525, Columbia, SC 29201.

Frequently Asked Questions (FAQ)

Q: What is the maximum fee I can charge for my notary services in South Carolina?

A: Up to $5.00 per notarial act. Must post a conspicuous fee schedule if charging fees. Travel fees by separate agreement.

Q: Do I need to purchase a surety bond to become a notary in South Carolina?

A: No, South Carolina does not require a surety bond.

Q: Am I required to keep a journal or log of my notarizations?

A: No, a journal is not legally required but is strongly recommended by the SOS as a best practice.

Q: May I notarize documents in other states or countries with my South Carolina commission?

A: No. Your authority is only valid within SC borders. You can notarize documents for use elsewhere if the notarization occurs in SC with the signer physically present.

Q: Can I notarize my own signature or my own documents?

A: No. A notary must be an impartial witness and cannot notarize their own signature or any document to which they are a party.

Q: Are notaries given identification numbers or commission numbers in South Carolina?

A: No, SC does not assign commission/ID numbers. Notaries are identified by name and commission expiration date.

Q: How do I update my name or address on my notary commission during my term?

A: Notify SOS within 45 days using Notary Public Change in Status form ($10 fee). For name change, new commission issued; get new seal. For address change to new county, also enroll commission with new County Clerk of Court.

Q: What happens if my notary seal or stamp is lost or stolen?

A: Immediately notify SOS Notary Division. Consider a police report for theft. Obtain a new seal.

Q: My commission expired and I didn’t realize it. Can I still renew, or do I have to start over?

A: If expired, you must reapply as a new notary (full initial process). No late renewal or grace period for notarizing.

Q: Can attorneys or other professionals notarize documents without a notary commission?

A: No. All individuals, including attorneys, must apply and be commissioned to perform notarial acts.

Q: Can South Carolina notaries perform remote notarizations now?

A: No, not full Remote Online Notarization (RON). In-Person Electronic Notarization (IPEN) is allowed with registration, but the signer must be physically present. Remote appearance via webcam is not authorized.

Always refer to official SC SOS resources for the most current information.