Remote Online Notaries Professional Liability Insurance in South Carolina

Remote Online Notaries in South Carolina at a glance

Governing Statute

SC Code § 26-2-5 et seq.

The Electronic Notary Public Act is the primary authority for RON in South Carolina.

Identity Verification

KBA & Credential Analysis

Both steps are mandatory for signers who are not personally known to the notary.

Recording Retention

10-Year Requirement

Notaries must ensure audio-visual recordings are kept securely for one decade.

Electronic Journal

Secure & Tamper-Evident

A chronological electronic log of all notarial acts must be maintained.

South Carolina's Electronic Notary Public Act

The South Carolina Electronic Notary Public Act, primarily found in Chapter 2 of Title 26, was enacted to facilitate electronic commerce and provide a secure method for remote document execution. This act allows a South Carolina notary public to register with the Secretary of State as an electronic notary, enabling them to perform notarial acts on electronic records using an approved electronic notarization system. The law emphasizes that electronic notarizations have the same legal standing as traditional paper-based acts, provided they follow the statutory requirements.

The South Carolina Secretary of State is charged with the responsibility of implementing the act, which includes setting the standards for identity verification, recordkeeping, and the security of electronic signatures. Notaries must complete a registration process that includes specifying the electronic notarization system they will use, ensuring that the platform meets the state's criteria for tamper-evident technology and secure data management.

Robust Identity Proofing and Credential Analysis

To ensure the authenticity of remote signers, South Carolina mandates a rigorous identity proofing process. When a signer is not personally known to the notary, the law requires the use of credential analysis and identity proofing. Credential analysis involves an automated process where a third-party vendor affirms the validity of the signer's government-issued ID by reviewing its security features against global databases.

In addition to credential analysis, signers must undergo identity proofing, typically through Knowledge-Based Authentication (KBA). This involves answering a set of questions drawn from public records that only the true signer would be likely to know. By combining these two methods, South Carolina provides a robust defense against identity theft and forgery, giving lenders, attorneys, and the public confidence in the integrity of remote electronic notarial acts.

10-Year Record Retention and Electronic Journals

South Carolina law requires every electronic notary to maintain a chronological electronic journal of all notarial acts performed on electronic records. This journal must be secure and tamper-evident, capturing essential details such as the date and time of the act, the type of notarization, and the identity of the signer. The journal is a vital part of the notary's official record and must be kept in a way that prevents unauthorized access or alteration.

A significant feature of the South Carolina framework is the 10-year retention requirement for the audio-visual recording of the RON session. The electronic notary must ensure that this recording, which captures the entire interaction between the notary and the signer, is stored securely for a full decade. This long-term storage requirement is designed to provide a durable evidentiary record, protecting the validity of deeds, contracts, and other electronic documents that may be subject to legal scrutiny in the years following their execution.

Remote Online Notaries FAQs for South Carolina