South Carolina Notary

The South Carolina Notary has very specific roles for notaries within the state. The basic requirements for commission as well as duties and fees are listed here for your easy review.

Requirements

To be a South Carolina Notary you must meet the following requirements:

1) Be a United States citizen;

2) Be at least 18 years old on or before the next election;

3) Be a resident of South Carolina, declaring a county and precinct;

4) Not be under a court order declaring mental incompetence;

5) Not serving a term of imprisonment resulting from a conviction of a crime; and

6) Have never been convicted of a felony or offense against the election laws OR if previously convicted, have served an entire sentence including probation or parole, or have received a pardon for the conviction.

No Bond is required.

You must be a registered voter to apply for a notary commission.

Cost is $25.00 made payable to the Secretary of State at the time of application. Also, there is a $5.00 fee at the clerk of court's office at your county of residence.

Duties

SC statute provides for the following notarial duties:

* administer oaths;

* take depositions;

* affidavits;

* protests for nonpayment of bonds, notes, drafts and bills of exchange;

* acknowledgments and proof of deeds and other instruments required by law to be acknowledged and renunciations of dower; and

* perform all other acts provided by law to be performed by notaries public.

Because a notary in SC is allowed to take oaths, they are also allowed by statute to perform marriages.

SC notary may also verify copies of photographs.

Fees

As a notary you can charge the following fees:

* 25¢ per document sheet for taking depositions and swearing witnesses;

* 10¢ for each document sheet containing up to 100 words for duplicating depositions, protests and certificates;

* 50¢ for each attendance upon any person for proving a matter or thing and certifying the same;

* 50¢ for every notarial certificate with seal/stamp;

* 25¢ for each administration of oath for affidavits;

* 50¢ plus postage for transmitting notice of a protest; and

* $1.00 for taking a renunciation of dower or inheritance.

Term

The term of commission is 10 years. Renewal process is the same as the application process. $25.00 renewal fee is required.

Practice of Law

Special note should be taken about the unauthorized practice of law (UPL).

The SC legislature and the Secretary of State's office have taken special note of the UPL. Notaries cannot perform closing in SC. This is the specifically defined as the practice of law. All closings must be handle by licensed attorneys.

The South Carolina Notary handbook can be found here.