(A) An electronic notarization system shall comply with this chapter and any regulations promulgated by the Secretary of State pursuant to § 26-2-190.

(B) An electronic notarization system shall require access to the system by a password or other secure means of authentication.

Terms Used In South Carolina Code 26-2-110

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(C) An electronic notarization system shall enable an electronic notary public to affix the electronic notary public’s electronic signature in a manner that attributes the signature to the electronic notary public.

(D) An electronic notarization system shall render every electronic notarial act tamper evident.

(E) Except as provided in subsection (F), if the commission of an electronic notary public expires or is resigned or revoked, or if the electronic notary dies or is adjudicated as incompetent, then the electronic notary public or his personal representative or guardian shall, within three months, dispose of all or any part of the electronic notarization system that had been in the electronic notary’s sole control for which the exclusive purpose was to perform electronic notarial acts.

(F) A former electronic notary public whose previous commission expired need not comply with subsection (E) if this individual, within three months after commission expiration, is recommissioned as a notary public and reregistered to perform electronic notarial acts.