S.C. Code Regs. § § 113-430

Current through Register Vol. 48, No. 11, November 22, 2024

Section 113-430 - Electronic Notary Signature and Electronic Notary Seal

A. An electronic notary signature must meet all of the following requirements.

(1) The electronic notary signature shall be independently verifiable and unique to the electronic notary;

(2) The electronic notary signature shall be retained under the electronic notary's sole control;

(3) When the electronic notary performs an electronic notarization, the electronic signature used by the electronic notary must be accessible by and attributable solely to the electronic notary to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization;

(4) The electronic notary signature shall be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination; and

(5) An image of the electronic notary's handwritten signature shall appear on any visual or printed representation of an electronic notary certificate regardless of the technology being used to affix the electronic notary's electronic signature.

B. An electronic notary seal must meet all of the following requirements:

(1) The electronic notary seal shall be independently verifiable and unique to the electronic notary;

(2) The electronic notary seal shall be retained under the electronic notary's sole control;

(3) When the electronic notary performs an electronic notarization, the electronic seal used by the electronic notary shall be accessible by and attributable solely to the electronic notary to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization;

(4) The electronic notary seal shall be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination;

(5) An image of the electronic notary's electronic seal shall appear on any visual or printed representation of the electronic notary certificate regardless of the technology being used to affix the electronic notary's electronic seal;

(6) The perimeter of the electronic notary seal may contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper; and

(7) The electronic notary seal must have, within its border, the electronic notary public's name exactly as commissioned, the title "Notary Public", the words "State of South Carolina", the electronic notary public's registration number indicating that the electronic notary public may perform electronic notarial acts, and the expiration date of the electronic notary public's commission.

S.C. Code Regs. § 113-430

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