SC Notary - South Carolina Notary Performing Notarial Acts Questions and Answers — 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?
- Jurat
- Signature Witnessing
- Acknowledgment (Correct answer)
- Verification
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 2: Which of the following is considered 'satisfactory evidence' of identity for a notarial act in South Carolina?
- A valid student ID card with a photo.
- The oath of one credible witness personally known to the notary. (Correct answer)
- A credit card with a photograph.
- A birth certificate combined with a Social Security card.
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 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?
- Refuse to notarize the document because it is not in English.
- Proceed with the notarization as long as the notarial certificate is in English. (Correct answer)
- Translate the document into English before notarizing.
- 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 4: Under what circumstances may a South Carolina notary public refuse to perform a notarial act?
- When the notary is an employee of a corporation and the document is for that corporation.
- When the signer appears to be acting under duress or does not understand the document. (Correct answer)
- When the notary does not personally agree with the content of the document.
- When the document will be filed in another state.
Correct answer: When the signer appears to be acting under duress or does not understand the document.
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?
- The notary can sign the person's name at their direction and in the presence of two witnesses. (Correct answer)
- The notary must refuse the notarization as a physical signature or mark is required.
- A family member can sign on behalf of the physically unable person.
- The notary can accept a verbal acknowledgment without any signature.
Correct answer: The notary can sign the person's name at their direction and in the presence of two witnesses.
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.
Question 6: Which of the following actions is a prohibited act for a South Carolina notary public?
- Keeping a journal of all notarial acts performed.
- Charging a fee of $5.00 for an acknowledgment.
- Notarizing a document for a family member when the notary has no financial interest.
- Certifying a copy of a birth certificate. (Correct answer)
Correct answer: Certifying a copy of a birth certificate.
South Carolina notaries are expressly prohibited from certifying vital records, which include birth certificates, death certificates, and marriage licenses. These records must be certified by the official custodian of the records (e.g., the county or state office that issued them).
SC Notary - South Carolina Notary Performing Notarial Acts Questions and Answers
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?