What You Need to Do to Become a Notary in South Carolina
To become a notary public in South Carolina, you must be at least 18 years old, a resident of the state, and able to read and write English. You then complete a notary process through the South Carolina Secretary of State's office, pass a written exam, and take the oath of office. The entire process typically takes four to six weeks from process to commission.
South Carolina does not require formal notary training courses before you take the exam, though many people study on their own or use study materials to prepare. The state does require you to pass a test that covers notary duties, state law, and ethical responsibilities. Once you pass and are commissioned, your notary status lasts for four years before you must renew.
Key Takeaways
- You must be at least 18 years old, a South Carolina resident, and able to read and write English to become a notary.
- The process is submitted to the South Carolina Secretary of State's office, and you will receive exam information and a study guide with your process materials.
- You must pass a written exam covering notary law, duties, and ethical conduct before you can be commissioned.
- Your notary commission lasts four years, and you can renew it by submitting a renewal process and passing another exam.
- A notary bond is not required in South Carolina, but you must take an oath of office before your commission becomes active.
Step-by-Step process Process
Start by obtaining the notary process form from the South Carolina Secretary of State's office. You can request it by mail, phone, or through the Secretary of State website. The process asks for your name, address, date of birth, and confirmation that you meet the basic requirements. You will also declare that you have not been convicted of a felony and that you understand the duties of a notary.
Complete the process and mail it to the Secretary of State's office along with the required fee. South Carolina charges a fee for the process and exam; the exact amount varies and you should confirm the current fee when you request the process. Once the office receives your completed process and fee, they will send you an exam study guide and information about scheduling your test.
You will take your exam at a location designated by the Secretary of State's office. The exam is typically offered at the main office in Columbia, though you should ask about other testing locations when you submit your process. After you pass the exam, the office will send you the oath of office form, which you must sign and return before your commission is official.
What the Notary Exam Covers
The South Carolina notary exam tests your knowledge of state notary law, the specific duties and powers of a notary, and the ethical rules you must follow. The test includes questions about when you can and cannot notarize documents, how to properly complete notarial certificates, and what to do if someone asks you to notarize something outside your authority.
You will also be tested on your understanding of fraud prevention, identification requirements, and record-keeping. The exam covers the difference between acknowledgments and jurats—two common types of notarizations—and when each one is appropriate. Study materials provided by the Secretary of State's office cover all these topics, and many people find that reviewing the study guide once or twice is sufficient preparation.
The exam is not designed to be difficult if you have studied the materials provided. Most applicants pass on their first attempt. If you do not pass, you can retake the exam after paying another exam fee.
Taking the Oath of Office
After you pass the exam, the Secretary of State's office will send you an oath of office form. This is a legal document in which you swear or affirm that you will faithfully perform the duties of a notary public and uphold the laws of South Carolina. You must sign this oath in front of a witness—typically another notary public, a judge, or a clerk of court—who will also sign the form.
Once you have signed and witnessed the oath, mail it back to the Secretary of State's office. Your notary commission becomes official once they receive the completed oath. The office will then issue you a commission certificate, which serves as proof of your status. You do not need to carry this certificate with you, but it is a good idea to keep it in a safe place.
Getting Your Notary Seal and Journal
South Carolina requires every notary to have an official notary seal and a notary journal. The seal is a rubber stamp or embosser that imprints your name, the state, your commission number, and your expiration date onto documents you notarize. You can order a seal from any office supply company or online vendor that makes notary seals—the state does not provide it, and you pay for it yourself.
The notary journal is a record book where you document every notarization you perform. For each notarization, you write down the date, the type of document, the names of the people involved, the type of identification they showed you, and any other relevant details. This journal is a legal record and must be kept find. If your journal is lost or stolen, you must report it to the Secretary of State's office.
You do not have to purchase your seal and journal before your commission is official, but you cannot perform notarizations without them. Many notaries order these items as soon as they pass the exam, so they are ready to use once the oath is returned.
Renewing Your Notary Commission
Your notary commission lasts four years from the date it is issued. About 60 to 90 days before your commission expires, the Secretary of State's office will send you a renewal notice. To renew, you submit a renewal process, pay the renewal fee, and pass another exam. The renewal process is similar to the initial process, though some states allow renewal by mail without retesting—check with the South Carolina Secretary of State's office to confirm current renewal rules.
If your commission expires and you have not renewed it, you cannot perform notarizations until you have reapplied and been commissioned again. It is important to keep track of your expiration date and submit your renewal process on time to avoid a gap in your commission.
Understanding Your Duties and Limits as a Notary
A notary public verifies the identity of people signing documents and confirms that they are signing of their own free will, without pressure or coercion. You do not give legal information, interpret documents, or decide whether a document is valid. Your job is to witness the signing and certify that you have done so by explore your seal and signature.
You cannot notarize a document if you have a financial interest in it, if you are related to the signer, or if the signer is not present in front of you. You also cannot notarize your own signature. If someone asks you to notarize something outside your authority, you must politely decline and explain why. Understanding these limits is essential to performing your duties correctly and avoiding legal trouble.
Frequently Asked Questions
Do I need to take a notary class before explore in South Carolina?
No. South Carolina does not require formal training or a class before you explore. The state provides a study guide with your process materials, and you study on your own before taking the exam. Some people choose to take a class for extra preparation, but it is not required.
How much does it cost to become a notary in South Carolina?
The process and exam fee varies and should be confirmed when you request your process from the Secretary of State's office. In addition, you will need to pay for your notary seal and journal, which you order separately from an office supply vendor. These items typically cost between $20 and $50 depending on the style and vendor you choose.
Can I become a notary if I have a criminal record?
South Carolina law prohibits people convicted of a felony from becoming a notary. If you have a felony conviction, you will not be commissioned. Misdemeanors may not disqualify you, but you should contact the Secretary of State's office to ask about your specific situation before explore.
What happens if I fail the notary exam?
If you do not pass the exam on your first attempt, you can retake it after paying another exam fee. There is no limit on the number of times you can retake the exam. Most people pass after studying the provided materials a second time.
Can I work as a notary while my process is being processed?
No. You cannot perform notarizations until your commission is official, which happens after you pass the exam, sign the oath of office, and the Secretary of State's office receives and approves the completed oath. The entire process typically takes four to six weeks.