§ 26-2-5 — Definitions.

For the purposes of this chapter: (1) "Capable of independent verification" means that any interested person may confirm through the Secretary of State that an electronic notary public who signed an electronic record in an official capacity had the authority at that time to perform electronic notarial acts. (2) "Electronic" means relating to technology and having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (3) "Electronic document" or "electronic record" means information that is created, generated, sent, communicated, received, or stored by electronic means. (4) "Electronic journal of notarial acts" or "electronic journal" means a chronological electronic record of notarizations that is maintained by the electronic notary public who performed the notarizations. (5) "Electronic notarial act" or "electronic notarization" means an official act by an electronic notary public that involves electronic documents. (6) "Electronic notarial certificate" means the part of, or attachment to, an electronic record that is completed by the electronic notary public, that bears the electronic notary's electronic signature and electronic seal, and that states the facts attested to by the electronic notary in an electronic notarization. (7) "Electronic notarization system" means a set of applications, programs, hardware, software, or technologies designed to enable an electronic notary public to perform electronic notarizations. (8) "Electronic notary public" or "electronic notary" means a notary public who has registered with the Secretary of State to perform electronic notarial acts in conformance with this chapter. (9) "Electronic notary seal" or "electronic seal" means information within a notarized electronic document that includes the electronic notary's name, jurisdiction, registration number, and commission expiration date and that generally corresponds to data in notary seals used on paper documents. (10) "Electronic signature" means an electronic symbol or process attached to or logically associated with an electronic document that is executed or adopted by an individual with the intent to sign the document. (11) "Principal" has the same meaning as in Section 26-1-5. (12) "Public key certificate" means an electronic credential that is used to identify an individual who signed an electronic record with the certificate. (13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. (14) "Sole control" means at all times being in the direct physical custody of an electronic notary public or safeguarded by the electronic notary with a password or other secure means of authentication. (15) "Tamper evident" means that any change to a record shall provide evidence of the change. (16) "Verification of fact" means a notarial act in which an electronic notary reviews public or vital records, or other legally accessible data, to ascertain or confirm any of the following facts: (a) a date of birth, death, marriage, or divorce; (b) the name of a parent, a marital partner, offspring, or a sibling; or (c) any matter authorized for verification by a notary by other law or rule of this State.

Legislative History

HISTORY: 2021 Act No. 85 (S.631), SECTION 2, 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."