SC Notary - South Carolina Notary Performing Notarial Acts Questions and Answers

Question 1

A signer appears before a South Carolina notary with a document that has already been signed. The signer affirms that the signature on the document is their own. Which notarial act should the notary perform?

Accepted Answer

Acknowledgment

Answer

An acknowledgment is the notarial act where a signer personally appears before a notary and declares that they have willingly signed the document for the purposes stated within it. The key element is the signer acknowledging their previous signature. A jurat requires the person to sign in the notary's presence and swear an oath or affirmation. Signature witnessing also requires the signing to happen in the notary's presence.

Question 2

Which of the following is considered 'satisfactory evidence' of identity for a notarial act in South Carolina?

Accepted Answer

The oath of one credible witness personally known to the notary.

Answer

According to South Carolina law, 'satisfactory evidence' of identity includes the oath or affirmation of a credible witness who is personally known to the notary. It also includes current government-issued identification with a photo, signature, and physical description, or a current passport. A student ID or credit card is not sufficient.

Question 3

A South Carolina notary is asked to notarize a signature on a document written in Spanish. The notarial certificate itself is in English. What is the correct course of action for the notary?

Accepted Answer

Proceed with the notarization as long as the notarial certificate is in English.

Answer

South Carolina law prohibits a notary from executing a notarial certificate in a language other than English. However, a notary may execute a certificate written in English that is attached to a document written in another language. The notary is not responsible for the content of the document itself.

Question 4

Under what circumstances may a South Carolina notary public refuse to perform a notarial act?

Accepted Answer

When the signer appears to be acting under duress or does not understand the document.

Answer

A South Carolina notary is certifying that the person whose signature was notarized did not appear to be incompetent, lacking understanding of the transaction, or acting involuntarily, under duress, or undue influence. Therefore, if a notary believes the signer is being coerced or is confused, they should refuse to proceed.

Question 5

A person is physically unable to sign their name or make a mark on a document. How can a South Carolina notary properly notarize this individual's signature?

Accepted Answer

The notary can sign the person's name at their direction and in the presence of two witnesses.

Answer

South Carolina law provides a specific procedure for this situation. The notary may sign the name of the principal if directed to do so by the principal, in the principal's presence, and in the presence of two witnesses who are not the notary. The notary must then write a specific statement below the signature indicating this fact before completing the notarial certificate.

SC Notary - South Carolina Notary Exam Practice Test

SC Notary - South Carolina Notary Exam Practice Test

SC Notary - South Carolina Notary Performing Notarial Acts Questions and Answers