SC Notary - South Carolina Notary Prohibited Acts for Notaries Questions and Answers — Questions and Answers
Question 1: A South Carolina notary is asked by their brother to notarize a vehicle title transfer, where the brother is selling a car to a third party. The notary has no financial stake in the sale. Which of the following is the most accurate statement regarding this situation?
- The notary should notarize the document, as they are not a party to the transaction and have no beneficial interest. (Correct answer)
- The notary is strictly prohibited from notarizing for any family member, regardless of the circumstances.
- The notary can only notarize for a family member if a credible witness is present.
- The notary must refuse because notarizing for relatives is always a conflict of interest.
Correct answer: The notary should notarize the document, as they are not a party to the transaction and have no beneficial interest.
South Carolina law does not strictly prohibit notarizing for family members. The key prohibition is when the notary is a party to the document or will benefit directly or indirectly from the transaction. Since the notary has no financial stake in the car sale, they are not a party and have no beneficial interest, making the notarization permissible.
Question 2: 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?
- Advise the client to seek guidance from an attorney or the document's receiving agency. (Correct answer)
- Explain the differences between the two and recommend the one that seems most appropriate.
- Choose the acknowledgment, as it is the most common type of notarization.
- Refuse the notarization because the document is incomplete without the certificate.
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 3: Which of the following acts is explicitly prohibited for a South Carolina notary public?
- Notarizing a document that is written in a foreign language.
- Charging a travel fee in addition to the standard notarial fee.
- Using the term 'Notario Publico' in an advertisement. (Correct answer)
- Keeping a journal of notarial acts.
Correct answer: Using the term 'Notario Publico' in an advertisement.
South Carolina law explicitly prohibits a notary from using the term 'notario publico' or its equivalent in any advertisement to prevent misleading the public, as the role differs significantly from that in many Latin American countries. Notaries can notarize foreign language documents (as long as the certificate is in English), may charge agreed-upon travel fees, and while not mandatory, keeping a journal is a recommended best practice.
Question 4: A signer brings a two-page contract to a notary. The first page is fully completed, but the second page contains several blank lines where financial details are supposed to be filled in later. The signature line is on the first page. What must the notary do?
- Notarize the signature, as the signature page itself is complete.
- Refuse to notarize the document until all blank spaces are filled in or crossed out. (Correct answer)
- Instruct the signer to write 'N/A' in the blank spaces and then proceed with the notarization.
- Proceed with the notarization but make a note in the journal that the document was incomplete.
Correct answer: Refuse to notarize the document until all blank spaces are filled in or crossed out.
South Carolina law prohibits a notary from notarizing a signature on a blank or incomplete document. The presence of substantive blank spaces on any page of the contract renders the entire document incomplete. The notary must refuse the notarization until the signer completes the document.
Question 5: A South Carolina notary performs a single acknowledgment for a client. According to state law, what is the maximum fee the notary can charge for this specific notarial act, excluding any travel fees?
- $15.00
- $10.00
- $5.00 (Correct answer)
- $25.00
Correct answer: $5.00
The maximum fee a South Carolina notary can charge for most notarial acts, including an acknowledgment, is five dollars per signature. Charging more than the state-mandated maximum is a prohibited act.
Question 6: A notary's close friend, who is also a notary, has an expired commission. The friend asks to borrow the notary's seal 'just for one quick notarization' for a trusted client. Which statement correctly identifies the prohibited act?
- Notarizing for a friend, which could be a conflict of interest.
- Failing to record the act in a notary journal.
- Allowing another person to use one's official notary seal. (Correct answer)
- Charging the client less than the statutory fee.
Correct answer: Allowing another person to use one's official notary seal.
A notary's seal is their exclusive tool of office and must always be kept secure and under their sole control. Allowing another person, even another notary, to use one's seal is a serious prohibited act. S.C. Code Section 26-1-160 makes it a misdemeanor for a person to use a notary's seal without authority.
SC Notary - South Carolina Notary Prohibited Acts for Notaries Questions and Answers
A South Carolina notary is asked by their brother to notarize a vehicle title transfer, where the brother is selling a car to a third party.
The notary has no financial stake in the sale.
Which of the following is the most accurate statement regarding this situation?