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.
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.
To apply to become a South Carolina Notary Public or renew your notary commission, you must complete the paper application Notary Public Application and Renewal Application (PDF) to mail to your county delegation office or the House of Representatives if you do not have a delegation office in your county.
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.
In 2022, South Carolina passed Senate Bill 631, recognizing and regulating RON. Regulations focus on security, user verification, and protecting user data. Notaries must register with the Secretary of State and use approved technology with multi-factor authentication.
Is online notarization legal in South Carolina? Yes. Notaries who are commissioned to practice online can perform Remote Online Notarization (RON) services in South Carolina. South Carolina remote notarization law became permanent in May, 2021 thanks to the South Carolina Remote Online Notarization Act.
The South Carolina Electronic Notary Public Act was signed into law in May 2021, and regulations for electronic notarization were finalized in June 2022.
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.
