A South Carolina notary acknowledgment form informs the recipient of a legal document that the signatory signed the document freely. A notary public completes an acknowledgment, ensuring the signing party’s identity and ability to act according to their own interests.
Once the notary can verify the signing party’s identity, they can execute the form and attach it to the original document. This way, the signing party can present their document, like a healthcare proxy or affidavit of resident, for whatever purpose.
Legal Considerations
Statute: SC Code of Laws Title 26, Chapter 3 (Uniform Recognition of Acknowledgments Act)
Form of Acknowledgement: According to SC Code of Laws § § 26-3-70, an acknowledgment must include different sections for individuals, corporations, partnerships, public officers, and individuals acting as a power of attorney.
Notary Term of Commission: Ten years (SC Code of Laws § 26-1-10).
Notary Handbook: The Notary Public Handbook is a great resource for notary publics, as it includes the requirements for notarization and example certificates to reference.
Is Online Notarization Legal in South Carolina?
Yes. South Carolina allows online notarization thanks to the passage of the Electronic Notary Public Act (Bill 631) in 2021. Notary publics can apply to perform acknowledgments remotely by paying a $50 registration fee and ensuring the technology they’ll use for their work conforms to the Secretary of State’s regulations.
Laws: SC Code of Laws Title 26, Chapter 2 (Electronic Notaries Public).
How to Notarize
Step 1 – Find a Notary
Search for a notary public in your area. Start your search online at 123Notary.com, which filters notaries by state. You can also look online at South Carolina Marriage and Notary Services or in person at local banks and credit unions.
Step 2 – Prepare Your Document
Complete your document (like a commercial lease agreement) before attending your notary appointment. This way, you can minimize delays in your appointment and ensure the notary can sign your document.
Prepare to pay $5, which is the maximum a notary can charge in the state (SC Code of Law § 26-1-100).
Step 3 – Show Your ID
If the notary doesn’t know you personally, they’ll ask to see your ID. This ID can be any document a state or federal government agency issues if it has a physical description, signature, and photo of the person in question. A notary will also accept a passport without a physical description.
Step 4 – Confirm Your Signature
Sign the document and confirm with the notary that you’re signing of your own accord. If you already signed the document before coming to the notary, you’ll have to take an oath, swearing that your signature is your own.
How to Verify a Notary
- Visit South Carolina’s Secretary of State page, where you can find the Notary Search tool.
- Input the notary’s name into the search box. Select the county they’re in from the dropdown menu if you know it. Otherwise, you can perform your search with just their name.
- View the results page and confirm the notary’s county of residence and commission expiration date.
How to Write (for Notary)
- Download a notary acknowledgment form in PDF or Word format.
- Write the county of acknowledgment, date, your name, and the signatory’s name.
- Record the document the signatory is signing.
- Clarify who the signatory is signing for.
- Sign your name and add your seal, which must have your official title and the date your commission expires.
