An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
The Electronic Notary Portal is now available. On , Governor Henry McMaster signed the South Carolina Electronic Notary Public Act into law. The Act allows a notary public to register as an electronic notary and sets forth the requirements for electronic notaries public and electronic notarial acts.
Acknowledgement and jurat certificates are the two most common notarial acts, yet, for many signers, there is confusion about the difference between these forms. Some notaries even find it difficult to remember which procedures apply to which certificate.
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
Jurisdiction is limited to the physical borders of South Carolina and notarial acts cannot be performed outside of the state. However, documents for use in another state may be notarized in South Carolina so long as the notarization physically takes place within the borders of the state.
Here are the top twelve most common errors made by notaries: Making an Illegible Notary Stamp Impression. Improper Storage of Your Notary Stamp and Journal. Not Determining the Signer's Competency and Willingness to Sign. Notarizing for Close Relatives. Failing to Remain Properly Trained.
There are no exemptions to the “personal appearance” golden rule. The signer must be physically in the presence of the notary, face-to-face, in the same room at the time of the execution of the notarization. This very important rule also applies to the execution of an electronic notarization.
The mark must be made in the presence of a notary; 2. The notary writes below the mark: 'Mark affixed by (name of signer by mark) in presence of undersigned notary'; and 3. The notary notarizes the signature by performing an acknowledgement, oath or affirmation, jurat, or verification or proof.
The South Carolina Electronic Notary Public Act was signed into law in May 2021, and regulations for electronic notarization were finalized in June 2022.
