Electronic Notarization Procedures Flashcards

A commissioned South Carolina notary wishes to begin performing electronic notarizations. According to the SC Electronic Notary Public Act, what is a mandatory first step before they can offer this service?

Answer: Register with the Secretary of State, complete a required course and exam, and select an approved technology vendor.

The South Carolina Electronic Notary Public Act requires a commissioned notary to take specific steps before performing electronic notarizations. This includes formally registering with the Secretary of State, completing a state-mandated course and passing an exam, and identifying the approved technology vendor they will use.

Which of the following statements accurately describes the 'in-person' requirement for electronic notarizations in South Carolina?

Answer: The signer must be in the same room as the notary, even though the signing and sealing happens electronically.

South Carolina law for electronic notarization (often called In-Person Electronic Notarization or IPEN) requires the signer to be in the physical presence of the notary at the time of the act. The law distinguishes this from remote online notarization (RON), which is not currently authorized for South Carolina notaries.

An electronic notary in South Carolina must use an electronic notarization system that has specific security features. Which of the following is a key technological requirement for the system?

Answer: It must render the electronic notarial act 'tamper-evident,' making any subsequent changes to the document evident.

South Carolina law mandates that an electronic notarization system must be secure and render every electronic notarial act 'tamper-evident.' This means that the technology must link the notary's electronic signature and seal to the document in such a way that any later alteration is detectable.

When an electronic notary public in South Carolina affixes their electronic seal to a document, which of the following pieces of information is required to be included within the seal's image?

Answer: The electronic notary's unique registration number.

According to South Carolina regulations, the electronic seal must contain several specific elements, including the notary's name as commissioned, the title 'Notary Public,' 'State of South Carolina,' the commission expiration date, and the unique registration number issued by the Secretary of State that indicates the notary is authorized to perform electronic acts.

A client in Charleston needs a document notarized electronically by a registered SC electronic notary in Columbia. The client plans to meet the notary at their office. What is the correct procedure regarding the location of this notarial act?

Answer: The client and notary must meet in the physical presence of one another, and the electronic act can be performed at the Columbia office.

South Carolina electronic notarization requires the physical presence of the signer before the notary. The location of the act can be anywhere within the state where the notary is authorized to perform their duties, as long as this requirement is met. The use of webcams for remotely located signers is not permitted under SC's current electronic notarization laws.

Regarding the security of their electronic signature and seal, a South Carolina electronic notary public has a duty to:

Answer: Keep the signature and seal under their sole control and take reasonable steps to prevent unauthorized access.

The South Carolina Electronic Notary Public Act and associated regulations place a high importance on security. The law explicitly requires that the electronic signature and seal remain within the electronic notary's sole control. The notary must take steps, such as using secure passwords or other authentication methods, to prevent any other person from using their electronic notarial tools.