Is Remote Online Notarization Legal in South Carolina? (2026)

Remote online notarization is not allowed in South Carolina. The South Carolina Electronic Notary Public Act (Title 26, ch. 2) authorizes electronic notarization but requires physical presence — notary and signer must be in the same room. True remote notarization is not available under current South Carolina law.

Is remote online notarization available in South Carolina? No — South Carolina does not authorize remote online notarization as of 2026. The South Carolina Electronic Notary Public Act (S.C. Code Ann. Title 26, Chapter 2) authorizes electronic notarization — but requires that the notary and signer be in the same physical location. Remote notarization, where notary and signer are in different locations connected by audio-video technology, is not permitted under current South Carolina law.

What South Carolina Allows: Electronic Notarization With Physical Presence

South Carolina’s Electronic Notary Public Act (Title 26, Chapter 2) authorizes notaries to use electronic signatures and digital seals — modernizing the signature and seal components of the notarial act. However, the physical presence requirement is retained: the notary and signer must be in the same room when the notarial act is performed. This is in-person electronic notarization (IPEN), not remote online notarization.

The practical difference is significant. IPEN allows a paperless, electronic document workflow when both parties are physically co-located — useful for high-volume office signing scenarios, title companies, and law firms processing large numbers of documents. But IPEN does not eliminate the geographic constraint that RON removes — signer and notary must still physically meet, even if the documentation is electronic.

Why South Carolina Has Not Enacted RON

South Carolina’s legislature has not enacted a RON statute as of 2026, despite significant national momentum in this direction. Several neighboring states — North Carolina (2022), Florida (2020), Georgia (IPEN only) — have addressed the remote notarization question in various ways. South Carolina’s approach has been more conservative, focusing on electronic modernization of the in-person notarial act rather than authorizing the removal of the physical presence requirement.

The factors contributing to South Carolina’s position include the pace of state legislative action on regulatory changes to the notarial framework, existing institutional interests, and questions around identity verification for remote signers that some legislators have prioritized. Whether South Carolina will enact RON in a future legislative session remains an open question.

Options for South Carolina Signers

If you are a South Carolina signer who needs a remotely notarized document — and the receiving institution accepts out-of-state RON — you may be able to work with a notary commissioned in a full-RON state. Major national lenders, title companies, and financial institutions have developed policies for cross-state RON acceptance over the past several years. Confirm with the receiving institution whether they accept RON performed by an out-of-state notary and under what conditions.

If the document specifically requires a South Carolina notarization, in-person (traditional or IPEN) with a South Carolina-commissioned notary remains the current requirement.

What South Carolina Notaries Can Offer

South Carolina-commissioned notaries can offer IPEN services under the Electronic Notary Public Act — enabling electronic document execution for signers who are physically present. This capability has value in high-volume commercial signing contexts. For notaries who want to offer full remote services, monitoring South Carolina legislative activity for any introduced RON bills is the appropriate approach.

Staying Current

For South Carolina notaries who want to understand the current IPEN framework and stay informed about potential RON legislation, see the South Carolina notary how-to guide.