Secretary of State Mark Hammond Announces Long-awaited Improvements to South Carolina’s Notary Public Act

Most sections of the law had not been updated since the 1960s.

COLUMBIA, SC – Secretary of State Mark Hammond announced 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 or complaints 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:

•  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.

 Staff of the Secretary of State’s Office join Secretary Mark Hammond, Governor Nikki Haley, Senator Thomas Alexander and Representative Don Wells in the signing of Senate Bill 356.

“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.”

Secretary of State Mark Hammond is offering eight free regional notary public seminars this summer and fall for all South Carolina notaries and those interested in becoming a notary. If you are currently a notary public, this is an excellent opportunity to learn about the new provisions, and to ask questions of the Secretary of State’s Office. These seminars are a public service of the Secretary of State’s Office. For a complete list of the seminars, and to register, please visit the Secretary of State’s website at www.sos.sc.gov.