South Carolina Notary Public Knowledge Assessment — Questions and Answers

Question 1: Under South Carolina law, what does 'personal knowledge' of a signer's identity mean for a notary public?

The signer was referred to the notary by a trusted colleague.
The notary has a signed affidavit from the signer attesting to their identity.
The notary has familiarity with the individual from interactions over time sufficient to eliminate reasonable doubt. (Correct answer)
The notary has met the signer once before in a professional setting.

Correct answer: The notary has familiarity with the individual from interactions over time sufficient to eliminate reasonable doubt.

South Carolina Code § 26-1-5(14) defines 'personal knowledge' as familiarity with an individual resulting from interactions over a period of time sufficient to eliminate any reasonable doubt that the individual has the identity claimed. It is a higher standard than a brief or single encounter.

Question 2: 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?

Verification
Acknowledgment (Correct answer)
Jurat
Signature Witnessing

Correct answer: Acknowledgment

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 3: What information is required on a notary seal in South Carolina?

Notary's signature, county, and commission number
Notary's signature, state, and commission expiration date
Notary's name, county, and commission number
Notary's name, state, and commission expiration date (Correct answer)

Correct answer: Notary's name, state, and commission expiration date

A South Carolina notary seal must contain specific information to be valid and compliant with state law. This typically includes the notary's commissioned name, the words 'Notary Public for the State of South Carolina,' and the notary's commission expiration date. This information ensures the seal clearly identifies the notary and their commission status.

Question 4: When using a credible witness to identify a principal signer, what is the primary requirement for the witness according to South Carolina notary law?

The witness must present two forms of their own identification.
The witness must be personally known to the notary. (Correct answer)
The witness must sign an affidavit of identity.
The witness must be a family member of the signer.

Correct answer: The witness must be personally known to the notary.

South Carolina law specifies that a credible witness must be an individual who is personally known to the notary. The notary's personal knowledge of the witness is what allows the notary to trust the witness's sworn statement about the signer's identity.

Question 5: Which of the following is NOT an acceptable document for identifying a signer for a traditional notarial act in South Carolina?

A valid foreign passport with a photograph
A current U.S. military identification card
A current South Carolina driver's license
A university-issued student photo ID card (Correct answer)

Correct answer: A university-issued student photo ID card

South Carolina law requires that identification documents be issued by a federal or state government agency and contain a photographic image and signature. A university-issued student ID is not issued by a state or federal government agency and is therefore not considered 'satisfactory evidence' of identity.

Question 6: Upon resigning their commission, what must a South Carolina notary do with their official seal?

Return it to the Secretary of State's Office.
Sell it to another commissioned notary.
Destroy or deface it to prevent misuse. (Correct answer)
Keep it in a safe place for their personal records.

Correct answer: Destroy or deface it to prevent misuse.

South Carolina law requires that a notary who resigns their commission must destroy or deface all notary seals so they cannot be misused. This ensures the integrity of the notarial office and prevents fraudulent acts with an invalid seal.

Question 7: How long must a South Carolina notary keep a journal of notarial acts?

3 years
7 years
10 years
5 years (Correct answer)

Correct answer: 5 years

South Carolina law requires notaries public to maintain a journal of their notarial acts for a specific period. The current requirement is to keep the journal for a minimum of five years from the date of the last entry. This ensures that a record of all official acts is available for inspection and legal purposes.

Question 8: What is the primary duty of a South Carolina Notary?

Witnessing court proceedings
Drafting legal documents
Executing wills
Administering oaths and affirmations (Correct answer)

Correct answer: Administering oaths and affirmations

The primary duty of a South Carolina Notary Public, as with notaries in most jurisdictions, is to serve as an impartial witness to the signing of documents and to administer oaths and affirmations. This ensures the truthfulness of statements and the authenticity of signatures, upholding the integrity of legal documents. Notaries do not draft legal documents or execute wills.

Question 9: Can the employer who paid for all of the costs to obtain the notary public's commission and the supplies ask the Notary Public to surrender the journal upon termination of employment?

Yes
No Notary public journal is the exclusive property of the notary public (Correct answer)
Yes if employer seeks the secretary of states permission
Yes if it was agreed in employeer -employee agreement

Correct answer: No Notary public journal is the exclusive property of the notary public

A notary public's journal, whether electronic or physical, is considered the exclusive property of the notary public, even if an employer paid for the commission or supplies. This is because the journal contains sensitive records of official acts performed by the notary in their public capacity. It must remain under the notary's control to ensure its integrity and availability for legal purposes.

Question 10: Which of the following statements regarding the application process for a South Carolina Notary Public commission is TRUE?

The application and fee are submitted directly to the Secretary of State's office.
The application is first sent to the applicant's county legislative delegation office. (Correct answer)
Applicants must provide proof of passing a mandatory training course.
Out-of-state residents who are employed in SC may apply.

Correct answer: The application is first sent to the applicant's county legislative delegation office.

The completed notary application, along with the fee, must be mailed to the applicant's county legislative delegation office. This office verifies voter registration and forwards the application to the Secretary of State for the commission to be issued. South Carolina law does not allow out-of-state residents to become notaries, and there is no mandatory training course for a standard commission.

Question 11: Before administering an oath or affirmation, what must a South Carolina notary confirm?

That the signer's fingerprint has been obtained
That the signer personally appears and understands they are swearing or affirming (Correct answer)
That a fee has been collected in advance
That the act is recorded in a bound notarial journal

Correct answer: That the signer personally appears and understands they are swearing or affirming

The notary must ensure the signer is physically present and understands the solemnity and legal significance of the oath or affirmation before proceeding.

Question 12: What is the main purpose of administering an oath or affirmation before a document is signed?

To create an official public record of the transaction
To impose a legal obligation on the signer to tell the truth (Correct answer)
To transfer legal title between the contracting parties
To authenticate the notary's official seal

Correct answer: To impose a legal obligation on the signer to tell the truth

The oath or affirmation creates a legal duty of truthfulness and subjects the signer to perjury liability if false statements are made.

Question 13: An individual has successfully completed their South Carolina notary application and received their commission certificate in the mail. What is the next required step they must take before they can legally perform notarial acts?

Advertise their notary services in a local newspaper.
Enroll their commission with the Clerk of Court in their county of residence. (Correct answer)
Purchase a notary seal and journal.
File an affidavit of identity with the Secretary of State.

Correct answer: Enroll their commission with the Clerk of Court in their county of residence.

After receiving the commission, a new notary must enroll it with the Clerk of Court in their county of residence. This step should generally be completed within 15 days of being commissioned, though there is no penalty for late enrollment.

Question 14: Personal appearance before the Notary is required ______.

For notary acts involving only married signers
Whenever it is practical for the signer to comply
Except when the signers attorney dictates otherwise
For every notary act (Correct answer)

Correct answer: For every notary act

The fundamental principle of notarization, even with remote online notarization, is the personal appearance of the signer before the notary. This allows the notary to verify the signer's identity, assess their willingness, and ensure they understand the document. While RON allows for virtual appearance, direct interaction is always required for every notarial act.

Question 15: Which of the following is considered 'satisfactory evidence' of identity for a notarial act in South Carolina?

A birth certificate combined with a Social Security card.
A valid student ID card with a photo.
A credit card with a photograph.
The oath of one credible witness personally known to the notary. (Correct answer)

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

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 16: What is the primary difference between an oath and an affirmation administered by a South Carolina notary?

An oath is legally binding; an affirmation is not
An oath must be written; an affirmation can only be oral
An oath requires a witness; an affirmation does not
An oath invokes a divine being; an affirmation is a secular pledge with the same legal force (Correct answer)

Correct answer: An oath invokes a divine being; an affirmation is a secular pledge with the same legal force

Both oaths and affirmations carry identical legal weight in South Carolina, but an oath invokes God or a supreme being while an affirmation is a secular alternative for those with religious or conscientious objections.

Question 17: When an electronic notary public in South Carolina affixes their electronic seal to a document, which of the following pieces of information is required to be included within the seal's image?

The county where the notary is commissioned.
The notary's personal phone number.
The name of the approved technology vendor being used.
The electronic notary's unique registration number. (Correct answer)

Correct answer: The electronic notary's unique registration number.

According to South Carolina regulations, the electronic seal must contain several specific elements, including the notary's name as commissioned, the title 'Notary Public,' 'State of South Carolina,' the commission expiration date, and the unique registration number issued by the Secretary of State that indicates the notary is authorized to perform electronic acts.

Question 18: A client asks a South Carolina notary which notarial certificate to use on their document: an acknowledgment or a jurat. How should the notary respond?

Refuse the notarization because the document is incomplete without the certificate.
Explain the differences between the two and recommend the one that seems most appropriate.
Advise the client to seek guidance from an attorney or the document's receiving agency. (Correct answer)
Choose the acknowledgment, as it is the most common type of notarization.

Correct answer: Advise the client to seek guidance from an attorney or the document's receiving agency.

A non-attorney notary in South Carolina is prohibited from the unauthorized practice of law, which includes selecting the type of notarial certificate for a signer. Advising the signer to contact the document's originator, receiving agency, or an attorney is the correct procedure, as this avoids giving legal advice.

Question 19: Which of the following can a South Carolina notary NOT perform?

Certifying copies of documents (Correct answer)
Administering oaths
Witnessing signatures
Taking acknowledgments

Correct answer: Certifying copies of documents

While South Carolina notaries can take acknowledgments, administer oaths, and witness signatures, they are generally not authorized to certify copies of documents. This is a common restriction across many states, as certifying a copy implies verifying its authenticity as a true copy, which often falls outside the scope of a notary's duties and may be reserved for the document's custodian or issuing agency.

Question 20: A notary is asked to perform a notarization for a person who has an expired South Carolina driver's license. The photo clearly matches the signer. What is the correct action for the notary to take?

Accept the license since the photo is a clear match.
Ask the signer to get a temporary license from the DMV before returning.
Refuse to notarize based on the expired ID and ask for a different, current form of identification. (Correct answer)
Proceed with the notarization but make a note in the journal that the ID was expired.

Correct answer: Refuse to notarize based on the expired ID and ask for a different, current form of identification.

South Carolina law requires identification documents to be 'current'. An expired driver's license is not current and is therefore not acceptable as satisfactory evidence of identity. The notary must refuse the ID and request a current, valid one or use another identification method like a credible witness.

Question 21: Which statement about oaths administered by South Carolina notaries is TRUE?

Only judges may administer oaths in South Carolina
Notaries may only administer oaths related to real property transactions
Notaries are authorized to administer oaths for any lawful purpose (Correct answer)
Oaths administered by notaries expire after 30 days

Correct answer: Notaries are authorized to administer oaths for any lawful purpose

South Carolina notaries have broad authority to administer oaths for any lawful purpose, not limited to specific transaction types.

Question 22: A client presents a document to a South Carolina notary that requires the notarization of three separate signatures, each requiring a jurat. The notary and client have not discussed any other charges. What is the maximum total fee the notary can charge for these notarial acts?

$15.00 (Correct answer)
$5.00
$10.00
$25.00

Correct answer: $15.00

The maximum allowable fee for a jurat in South Carolina is $5.00 per signature. Since there are three signatures, the notary can charge a maximum of $5.00 for each, resulting in a total of $15.00 (3 signatures x $5.00/signature).

Question 23: What should a South Carolina Notary do if they are unsure about notarizing a document?

Refuse and recommend legal counsel (Correct answer)
Skip verification steps
Proceed with caution
Issue a tentative notarization

Correct answer: Refuse and recommend legal counsel

If a South Carolina Notary is unsure about the legality or propriety of notarizing a document, their duty is to refuse the notarial act. They should then recommend that the individual seek legal counsel to clarify the document's nature or the requirements for its notarization. This protects both the notary from liability and the public from improper notarial acts.

Question 24: 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?

Proceed with the notarization as long as the notarial certificate is in English. (Correct answer)
Translate the document into English before notarizing.
Refuse to notarize the document because it is not in English.
Require the signer to provide a certified English translation.

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

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 25: A signer appears before a South Carolina notary but does not have an acceptable form of identification. The signer's spouse is present and is personally known to the notary. The spouse offers to vouch for the signer's identity. What is this method of identification called?

Satisfactory Acquaintance
Subscribing Witness Identification
Personal Knowledge
Verification on Oath of a Credible Witness (Correct answer)

Correct answer: Verification on Oath of a Credible Witness

According to South Carolina law, when a notary does not have personal knowledge of a signer, they may use a 'credible witness' to identify the signer. A credible witness is someone who is personally known to the notary and who can swear or affirm to the identity of the principal signer.

Question 26: It is not permissible for unauthorized individuals to access the electronic journal maintained by an electronic notary public. Access is restricted to protect the privacy and integrity of the records.

No (Correct answer)
Yes

Correct answer: No

Notary journals, whether electronic or physical, contain sensitive personal information and are legally protected records. South Carolina law, like most states, mandates that notary journals must be kept secure and access restricted solely to the notary public and authorized entities (e.g., the Secretary of State for inspection). Allowing unauthorized individuals access would compromise privacy and the integrity of notarial acts, making it strictly impermissible.

South Carolina Notary Public Knowledge Assessment

Tests knowledge of South Carolina notary law, procedures, and best practices as outlined in the SC Secretary of State's Notary Public Reference Manual, covering qualifications, notarial acts, document signer identification, and state-specific requirements.

Questions

30 min

Time Limit

70%

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