An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
The short answer is yes, notary publics are legally allowed to notarize documents from any state as long the notarial act is conducted within the geographical boundaries of the notary's state of commission.
There are no exemptions to the “personal appearance” golden rule. The signer must be physically in the presence of the notary, face-to-face, in the same room at the time of the execution of the notarization. This very important rule also applies to the execution of an electronic notarization.
The South Carolina Electronic Notary Public Act was signed into law in May 2021, and regulations for electronic notarization were finalized in June 2022.
In 2022, South Carolina passed Senate Bill 631, recognizing and regulating RON. Regulations focus on security, user verification, and protecting user data. Notaries must register with the Secretary of State and use approved technology with multi-factor authentication.
The mark must be made in the presence of a notary; 2. The notary writes below the mark: 'Mark affixed by (name of signer by mark) in presence of undersigned notary'; and 3. The notary notarizes the signature by performing an acknowledgement, oath or affirmation, jurat, or verification or proof.
Is online notarization legal in South Carolina? Yes. Notaries who are commissioned to practice online can perform Remote Online Notarization (RON) services in South Carolina. South Carolina remote notarization law became permanent in May, 2021 thanks to the South Carolina Remote Online Notarization Act.
For example, a Notary commissioned in California or Florida may perform notarizations anywhere within the commissioning state's borders, but may not perform a notarization in another state such as Georgia.
