Secretary of State Hammond Announces Long-awaited Improvements to South Carolina's Notary Public ActMost sections of the law had not been updated since the 1960s.
(Columbia, S.C.) — Secretary of State Mark Hammond is excited to announce that the 2014 legislative session brought many critical improvements to the laws regulating South Carolina notaries public. Signed into law by Governor Nikki Haley on June 2, 2014, Secretary Hammond joined the Governor this morning for the ceremonial signing of Senate Bill 356.
This important legislation was a result of input from notaries public, citizens who have had concerns about the performance of notaries in carrying out their duties, and concerns and questions from members of the legal community requesting guidance on the duties of a notary.
Highlights of the notary bill include:
• Clear statutory definitions for the notarial acts and clarification as to what a notary public can and cannot do. For example, the bill includes specific prohibitions against a notary public notarizing blank documents or records to which they may benefit;
• Specific criminal penalties for fraudulent notarization;
• Provisions for notarizing a signature by mark and notarizing for a person unable to sign or make a mark, which are vital for individuals with physical disabilities;
• The requirement of being able to read and write English;
• Provisions to protect against notario publico fraud, which require disclaimers be both in English and in the language used for advertisements;
• Specific guidelines for authentication of official documents for foreign use; and
• An increase in the maximum fees that a notary may charge for notarial acts to $5.00.
The full text of the law can be found here.
“Notaries public hold an important position of responsibility,” said Secretary of State Mark Hammond. “The key function of a notary is to protect citizens against fraudulent activity. The new law will provide much needed clarity for notaries on their duties and responsibilities. The new law answers the many questions we receive from notaries public and members of the public about these duties. Hopefully these changes will not only provide much needed guidance for notaries public, but also greater protection for the public.”