SC Notary - South Carolina Notary General Duties and Responsibilities Questions and Answers — Questions and Answers
Question 1: A South Carolina notary public's primary responsibility is to:
- Provide legal advice to the signers of a document.
- Verify the identity of the person signing the document and witness the signing. (Correct answer)
- Ensure the terms of the document are fair and equitable for all parties.
- Draft legal documents for members of the public.
Correct answer: Verify the identity of the person signing the document and witness the signing.
The core duty of a South Carolina notary is to act as an impartial witness to prevent fraud. This involves positively identifying the signer and ensuring they are signing willingly. Notaries are explicitly prohibited from offering legal advice or drafting documents unless they are also a licensed attorney.
Question 2: A person comes to you with a document that has already been signed. They state they signed it yesterday and just need you to notarize it now. As a South Carolina notary, what is the appropriate course of action?
- You can proceed with the notarization as long as you can verify their identity.
- You can notarize the document, but you must backdate the notarial certificate to the day they signed.
- You must refuse to notarize the signature unless the person acknowledges their signature in your presence. (Correct answer)
- You should have them sign the document again above their original signature.
Correct answer: You must refuse to notarize the signature unless the person acknowledges their signature in your presence.
South Carolina law requires that the principal signer appear in the notary's physical presence at the time of the notarial act. For an acknowledgment, the signer must appear before the notary and acknowledge that they signed the record. A notary cannot notarize a signature they did not witness or that was not acknowledged in their presence.
Question 3: Which of the following acts is a South Carolina notary public authorized to perform?
- Certifying a copy of a birth certificate.
- Administering an oath or affirmation. (Correct answer)
- Notarizing their own signature on a document.
- Providing an opinion on the legality of a contract.
Correct answer: Administering an oath or affirmation.
South Carolina notaries are empowered to perform several notarial acts, including administering oaths and affirmations, taking acknowledgments, and witnessing signatures. They are expressly forbidden from certifying copies of vital records (like birth certificates), notarizing their own signatures, or giving legal advice.
Question 4: Regarding a notary journal, what is the requirement in South Carolina?
- A notary must maintain a journal and submit it to the Secretary of State annually.
- A journal is mandatory and must be kept in a locked, fireproof safe.
- South Carolina law does not require notaries to keep a journal, but it is strongly encouraged. (Correct answer)
- A notary only needs to keep a journal for real estate transactions.
Correct answer: South Carolina law does not require notaries to keep a journal, but it is strongly encouraged.
The South Carolina Notary Public Reference Manual states that notaries are not required by law to keep a journal. However, it is strongly encouraged as a best practice to have a record of all notarial acts performed in case questions arise later.
Question 5: A South Carolina notary public changes their legal name during their 10-year commission. What is their responsibility?
- Continue notarizing under their old name until the commission expires.
- Wait for their commission to expire and then reapply with the new name.
- Inform their employer of the name change, which is sufficient.
- File a Change of Status Request with the Secretary of State's Office within 45 days. (Correct answer)
Correct answer: File a Change of Status Request with the Secretary of State's Office within 45 days.
If a notary's name changes during their commission term, they are required to inform the Secretary of State's Office by filing a Change of Status Request within 45 days of the change to receive a new commission in their new name.
Question 6: Under South Carolina law, a notary public may not perform a notarial act if they:
- Are an employee of a corporation that is a party to the document.
- Will receive a fee of $5.00 for the notarial act.
- Are individually a party to or beneficiary of the record being notarized. (Correct answer)
- Reside in a different county than where the notarization takes place.
Correct answer: Are individually a party to or beneficiary of the record being notarized.
A South Carolina notary is disqualified from performing a notarial act if they are a signer of, party to, or beneficiary of the record. This is a conflict of interest that would compromise the notary's required impartiality. A notary's jurisdiction extends throughout the entire state, and being an employee of a party (unless also an individual party) is not a disqualification.
SC Notary - South Carolina Notary General Duties and Responsibilities Questions and Answers
A South Carolina notary public's primary responsibility is to: