§ 26-1-160 — Unlawful acts; forfeiture of commission; penalties.

(A) Except as otherwise permitted by law, a person who commits one of the following acts is guilty of a misdemeanor: (1) holding one's self out to the public as a notary if the person does not have a commission; (2) performing a notarial act if the person's commission has expired or been suspended or restricted; or (3) performing a notarial act before the person had taken the oath of office. (B) A notary is guilty of a misdemeanor if the notary takes: (1) an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary; (2) a verification or proof without the subscribing witness appearing in person before the notary; (3) an acknowledgment or administers an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal; (4) a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness; or (5) an acknowledgment or a verification or proof or administers an oath or affirmation if the notary knows it is false or fraudulent. (C) It is a misdemeanor for a person to perform notarial acts in this State with the knowledge that he is not commissioned pursuant to this chapter. (D) A person who without authority obtains, uses, conceals, defaces, or destroys the seal or notarial records of a notary is guilty of a misdemeanor. (E) A person who knowingly solicits, coerces, or in a material way influences a notary to commit official misconduct is guilty of aiding and abetting and is subject to the same level of punishment as the notary. (F) The sanctions and remedies of this chapter supplement other sanctions and remedies provided by law. (G) A notary public convicted under the provisions of this section must forfeit his commission and must not be issued another commission. The court in which the notary public is convicted shall notify the Secretary of State within ten days after conviction. (H) A person who violates the provisions of subsections (A), (B), (C), (D), or (E) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. (I) The Secretary of State may terminate a notary public's commission upon notification that the notary public has been charged with an offense listed in this section or may terminate the notary public's commission at any subsequent point until the final adjudication of the charges. If the Secretary of State terminates a notary public's commission, then the Secretary of State shall send written notice by certified mail to the notary public at his last known address. A person who has had his notary public commission terminated has thirty days from the receipt of the notice to appeal the termination by filing a request for a contested case hearing with the South Carolina Administrative Law Court.

Legislative History

HISTORY: 1989 Act No. 94, SECTION 1; former 1976 Code SECTION 26-1-95; 2014 Act No. 185 (S.356), SECTION 1, eff June 2, 2014; 2021 Act No. 85 (S.631), SECTION 3, eff May 18, 2021. Editor's Note 2021 Act No. 85, SECTIONS 1, 6, provide as follows: "SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'." "SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State." Effect of Amendment 2014 Act No. 185, SECTION 1, rewrote the section. 2021 Act No. 85, SECTION 3, added (I).