SC Notary - South Carolina Notary The Official Notary Seal Questions and Answers — Questions and Answers
Question 1: Which of the following elements is explicitly required to be on a South Carolina notary's official seal?
- The notary's commission expiration date
- The notary's commission number
- The words 'State of South Carolina' (Correct answer)
- The county where the notary is commissioned
Correct answer: The words 'State of South Carolina'
According to the South Carolina Notary Public Online Manual, a notary's seal must include the notary's name as it appears on the commission, the words 'Notary Public', and the words 'State of South Carolina'. The expiration date is strongly encouraged but optional to have on the seal itself, and South Carolina does not assign commission numbers for this purpose.
Question 2: A South Carolina notary is choosing an official seal. Which of the following is an acceptable format for the seal?
- Only a circular embosser
- Only a rectangular ink stamp
- A digital signature file only
- Either a rubber ink stamp or an embosser (Correct answer)
Correct answer: Either a rubber ink stamp or an embosser
South Carolina law permits notaries to use either a rubber ink stamp or an embosser as their official seal. While an electronic seal is used for electronic notarizations, a physical seal is required for traditional paper documents. There is no prescribed shape, so both circular and rectangular formats are acceptable as long as they are legible.
Question 3: A notary in Columbia, SC, realizes their official ink stamp seal has been stolen from their desk. What is the most appropriate first action the notary should take?
- Order a new seal immediately with a different design.
- Wait a few days to see if it reappears before taking any action.
- Continue notarizing documents by writing 'Seal Stolen' next to their signature.
- Immediately notify the South Carolina Secretary of State's Office. (Correct answer)
Correct answer: Immediately notify the South Carolina Secretary of State's Office.
If a notary seal is lost or stolen, the notary should immediately notify the Secretary of State's Office. This is a critical step to protect the notary from fraudulent use of their seal. While ordering a new seal and notifying law enforcement are also important subsequent steps, the initial official notification is to the commissioning authority.
Question 4: 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.
- Keep it in a safe place for their personal records.
- Destroy or deface it to prevent misuse. (Correct answer)
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 5: A South Carolina notary performs a notarial act but forgets to affix their official seal. The notary did, however, include their signature and official title ('SC Notary Public'). According to state law, what is the status of the notarization?
- The notarization is automatically invalid and must be redone.
- The notarization is still valid, but this practice is discouraged. (Correct answer)
- The notarization is only valid if a journal entry was made.
- The notary must pay a fine to the Secretary of State.
Correct answer: The notarization is still valid, but this practice is discouraged.
The South Carolina Notary Public Manual states that while a notary must have a seal, the lack of a seal or expiration date does not invalidate the notarial act if the notary's official title is attached below their signature. However, the use of a seal on all notarial acts is strongly encouraged.
Question 6: When ordering a new official notary seal, which piece of information is considered optional to include directly on the seal itself under South Carolina guidelines?
- The notary's name as commissioned
- The words 'Notary Public'
- The notary's commission expiration date (Correct answer)
- The words 'State of South Carolina'
Correct answer: The notary's commission expiration date
The notary's name, 'Notary Public,' and 'State of South Carolina' are required elements. The commission expiration date, while required to be part of the total notarial certificate (e.g., written or typed near the signature), is optional to include within the design of the physical seal itself.
Which of the following elements is explicitly required to be on a South Carolina notary's official seal?