How To Become A Notary In Sc

The role of a Notary Public is a critical one, serving as an impartial witness to the signing of important documents. They are appointed by the state and authorized to administer oaths, take acknowledgments, and perform other acts specified by law. In South Carolina, the Secretary of State oversees the notary process. Here’s a detailed breakdown of the steps involved in becoming a Notary Public in South Carolina:

1. Meet the Eligibility Requirements

Before you begin the application process, ensure that you meet the following eligibility requirements set forth by the South Carolina Secretary of State:

• Age: You must be at least 18 years of age.
• Residency: You must be a resident of South Carolina. If you are a resident of another state but are regularly employed or have a place of business in South Carolina, you may also be eligible.
• Reading and Writing Ability: You must be able to read and write English.
• Criminal Record: You generally cannot have been convicted of a felony or any crime involving moral turpitude, unless you have been pardoned or had your civil rights restored. The Secretary of State will review criminal history on a case-by-case basis.
• Legal Status: You must be a legal resident of the United States.

2. Complete the Application

The next step is to complete the official Application for Appointment as a Notary Public. You can obtain this application form from the South Carolina Secretary of State’s website. Be sure to complete the application accurately and honestly. Key sections of the application include:

• Personal Information: Full name, address, date of birth, Social Security number.
• Contact Information: Phone number, email address.
• Criminal History Disclosure: Detailed disclosure of any criminal convictions, even if expunged.
• Employment Information: Current employer’s name and address (if applicable).
• Affirmation: A signed affirmation that you meet all the eligibility requirements and understand the duties and responsibilities of a Notary Public.

3. Secure a Surety Bond

South Carolina requires notaries to obtain a surety bond for $25,000. This bond protects the public against financial loss due to any negligent or fraudulent acts you might commit as a Notary Public. You can purchase this bond from any insurance company licensed to do business in South Carolina. The bond must be continuous for the entire term of your commission. Keep in mind the cost of the bond will be a fraction of the total amount (typically a percentage).

4. Submit the Application and Bond

Once you have completed the application and obtained your surety bond, you must submit both to the South Carolina Secretary of State. Ensure you have the original bond and a copy for your records. Submitting the application and bond can usually be done online through the Secretary of State’s website or by mail. Online submission is generally faster and more efficient.

5. Pay the Application Fee

An application fee is required when submitting your application. The amount of the fee varies, so it is best to check the South Carolina Secretary of State’s website for the most current fee schedule. Payment can typically be made online via credit card or by check/money order if submitting by mail.

Here’s an estimated breakdown of costs involved in becoming a Notary Public in South Carolina:

Note: Bond premium costs can vary based on your credit score and the provider.

6. Receive and Review Your Commission Certificate

If your application is approved, the South Carolina Secretary of State will issue a Commission Certificate, officially granting you the authority to act as a Notary Public. Review this certificate carefully to ensure all information is correct, including your name and commission expiration date.

7. Obtain a Notary Seal or Stamp

South Carolina law requires notaries to use a notary seal or stamp for all notarizations. This seal or stamp must include:

• Your name as it appears on your commission.
• The words ‘Notary Public’
• The words ‘State of South Carolina’
• Your commission expiration date.

You can purchase a seal or stamp from most office supply stores or online vendors.

8. Take the Oath of Office (If Required)

In some instances, the South Carolina Secretary of State may require you to take an oath of office. This oath affirms your commitment to upholding the laws of South Carolina and faithfully performing your duties as a Notary Public. The oath is typically administered by a county clerk of court or another authorized official. Instructions on taking the oath, if required, will be provided with your Commission Certificate.

9. Understand Your Duties and Responsibilities

As a Notary Public, you have a legal and ethical obligation to perform your duties with integrity and impartiality. Familiarize yourself with the South Carolina Notary Public laws, available on the Secretary of State’s website. Key responsibilities include:

• Verification of Identity: You must positively identify the person signing the document using acceptable forms of identification (driver’s license, passport, etc.).
• Awareness and Willingness: Ensuring the signer understands the document and is signing it willingly.
• Accurate Record Keeping: Maintaining a journal (optional, but highly recommended) of all notarizations performed, including the date, signer’s name, document type, and identification presented.
• Impartiality: You cannot notarize your own signature or the signature of a family member if you have a personal interest in the transaction.
• Proper Notarial Certificate: Using the correct notarial wording (acknowledgment, jurat, etc.) for the type of notarization requested.
• Safeguarding Your Seal/Stamp: Keeping your seal or stamp secure to prevent misuse.

10. Renewing Your Notary Commission

Your Notary Public commission in South Carolina is valid for a term of ten years. To continue serving as a notary, you must renew your commission before it expires. The renewal process is similar to the initial application process, including completing a renewal application, obtaining a new surety bond, and paying the renewal fee. The Secretary of State’s office will generally send a reminder notice before your commission expires, outlining the renewal procedure.

Best Practices and Tips

• Continuing Education: While not mandatory, consider taking continuing education courses or workshops to stay updated on notary laws and best practices.
• Errors and Omissions Insurance: In addition to the surety bond, consider obtaining errors and omissions (E&O) insurance to protect yourself against liability for unintentional mistakes.
• Record Keeping: Maintain a detailed journal of all notarizations. This provides a valuable record of your activities and can help protect you in the event of a dispute.
• Stay Informed: Regularly check the South Carolina Secretary of State’s website for updates to notary laws and procedures.

By following these steps and understanding your responsibilities, you can successfully become a Notary Public in South Carolina and provide valuable service to your community. Remember that attention to detail, ethical conduct, and a commitment to upholding the law are essential qualities for a successful notary public.

Frequently Asked Questions

Can I become a notary in South Carolina if I live in another state?

Yes, you can become a notary in South Carolina even if you are a resident of another state, provided that you are regularly employed or have a place of business within South Carolina.

What does the surety bond protect against?

The $25,000 surety bond protects the public against financial loss resulting from any negligent or fraudulent actions you might commit as a Notary Public.

Is it mandatory to keep a journal of all notarizations?

While not legally mandated in South Carolina, maintaining a detailed journal of all notarizations performed is highly recommended as a best practice. It serves as a valuable record of your activities.

How long is my Notary Public commission valid in South Carolina?

Your Notary Public commission in South Carolina is valid for a term of ten years. You must renew your commission before it expires to continue serving as a notary.