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.
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
Generally, crimes involving dishonesty, fraud, or moral turpitude would disqualify someone from being a notary public.
No. If a notary public is a party to a transaction, or has a direct or indirect financial (or other beneficial) interest in the transaction, no matter how small, the notary must decline the notarization.
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.
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.
Requirements to be a Notary in South Carolina Be at least 18 years old. Be a resident of South Carolina. Be a registered voter in South Carolina. Be able to read and write English. Not be under a court order declaring mental incompetence. Not be serving a term of imprisonment for conviction of a crime.
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.
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.
