S.C. Code Regs. 113-500 - Requirements for Systems and Providers

Each electronic notarization system provider must:

A. Provide a free and readily available viewer/reader to enable all parties relying on the electronically notarized record or document to view the electronic notary public's electronic signature and the electronic notary seal without incurring any cost;

B. Comply with the laws, policies, and rules that govern South Carolina notaries public;

C. Provide an electronic notarization system that complies with the technical specifications of the rules and standards that govern electronic notarization processes and procedures in South Carolina;

D. Verify that a notary public is registered to act as a South Carolina electronic notary public prior to authorizing an electronic notary seal and electronic signature for that notary public;

E. Notify the Secretary of State of the name of each notary public who enrolls in the provider's electronic notarization system within five days after enrollment by means prescribed by the Secretary of State;

F. Provide prorated fees to align the usage and cost of the electronic notarization system with the commission term limit of the electronic notary public purchasing the electronic notary seal and electronic signature;

G. Suspend the use of any electronic notarization system for any notary public whose commission has been revoked, suspended, or canceled by the Secretary of State, within 10 calendar days of receipt of notification from the Secretary of State;

H. Submit an exemplary of the electronic notary public's electronic signature and the electronic notary seal to the Secretary for each electronic notary public who subscribes to the provider's electronic notarization system;

I. Require access to the system by a password or other secure means of authentication;

J. Enable a notary public to affix the notary's electronic signature in a manner that attributes such signature to the notary as evidenced by a digital certificate and render every electronic notarial act tamper-evident; and

K. Respond to a request for information from the Office of the Secretary of State within the time directed. Any request for information shall be sent to the contact person designated by the provider upon registration, or as updated pursuant to Regulation 113-510.

Notes

S.C. Code Regs. 113-500

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