Notary Public in South Carolina

NOTARY PUBLIC IN SOUTH CAROLINA

What can a Notary Public do?

Notaries Public are public officers of the State of South Carolina. The main purpose served by Notaries Public is to prevent fraud. They are appointed by the Governor and commissioned by the Secretary of State for 10-year terms.

A Notary Public can perform notarial acts anywhere in SC, but not outside of the state. Documents for use in another state can be notarized in SC as long as the notarization takes place in SC.

Notaries Public may charge up to $5.00 per notarial act.

A Notary Public Can:

• Administer oaths and affirmations
• Take depositions and affidavits
• Acknowledge documents such as deeds and wills required by law to be acknowledged
• Perform a marriage ceremony

A Notary Public Cannot:

• Offer legal advice or legal assistance, unless licensed to practice law in SC or otherwise authorized to perform specific legal activities in this state
• Notarize their own signature
• Certify or authenticate a photocopy or photograph of a document
• Notarize blank documents
• Notarize without proper identification from the signer
• Notarize for absent people
• Postdate or predate notarizations
• Certify vital records
• Notarize outside of SC
• Conduct real estate or mortgage loan closings without an attorney present, unless it is a loan modification

To be a Notary Public in South Carolina you must...

• Be a registered voter
• Be a US citizen
• Be a resident of SC
• Be at least 18 years old
• Not be in prison for a criminal conviction
• Complete any jail sentence, including probation or parole, or receive a pardon
• Not have a court order declaring you mentally incompetent
• Read and write the English language
• Fill out an application and pay a $25 application fee
• Obtain an endorsement from your county legislative delegation
• Enroll your commission with the Clerk of Court in the county where you live

What do I do if a Notary Public is performing unauthorized acts?

It is a misdemeanor for a Notary Public to perform unauthorized acts. The Secretary of State is not authorized to investigate or penalize Notaries Public, any unauthorized activities should be reported to local law enforcement. You can sue a Notary Public in civil court if their actions were negligent or fraudulent. If you believe a Notary Public is engaging in unauthorized practice of law, report it to your local Solicitor's Office or to the Attorney General's Office.

Can a Notary Public practice law?

A notary public in SC is most often NOT an attorney and therefore cannot offer legal advice or legal assistance. If you are seeking legal services, call SCLS at 1-888-346-5592 or the South Carolina Lawyer Referral Service at 1-800-868-2284.

A notary public in SC cannot draft or help fill out legal paperwork, including for immigration.

Notary Public vs. Notario Público

In some Latin American countries, a Notario Público has greater legal training and authority than a Notary Public in SC. If a Notary Public tells you that they are an attorney, confirm that they are licensed to practice law in SC or otherwise authorized to perform legal activities in this state.

IT IS AGAINST THE LAW FOR ANYONE IN SOUTH CAROLINA TO PROVIDE LEGAL ADVICE OR LEGAL REPRESENTATION UNLESS THEY ARE LICENSED TO PRACTICE LAW IN SC OR OTHERWISE AUTHORIZED TO PERFORM SPECIFIC LEGAL ACTIVITIES IN THIS STATE.