South Carolina Notary Requirements and E&O Insurance

Is a notary bond required in South Carolina?

South Carolina is one of the states that does not require a notary public to post a surety bond. The controlling law, Title 26, Chapter 1 of the South Carolina Code of Laws, sets out the powers, duties, and qualifications of notaries public but contains no bond provision. Instead of a bond, each notary files an oath of office, which the Secretary of State keeps on record.

Because there is no bond, there is no financial guarantee posted on the notary’s behalf. Notaries public are described in the statute as public officers of the State whose central purpose is to prevent fraud in the execution of documents. A member of the public harmed by a notary’s misconduct would pursue the notary directly rather than making a claim against a bond.

Notaries who want protection against the cost of defending or settling a claim arising from an honest mistake can purchase errors and omissions (E&O) insurance. This coverage is entirely optional in South Carolina and exists for the notary’s benefit, not the public’s.

How to become a notary in South Carolina

The Secretary of State administers the commissioning process, but appointments are made by the Governor after a county-level endorsement. The general steps are:

1. Confirm eligibility. You must be at least 18 and a registered South Carolina voter. If you do not know your voter registration number, your County Board of Elections and Voter Registration can help.
2. Complete the paper application. South Carolina uses a paper Notary Public Application (also used for renewals).
3. Route it through your county legislative delegation. Mail the completed application to your county delegation office (or to the House of Representatives if your county has no delegation office) for endorsement.
4. Pay the application fee. You may pay by credit or debit card; a payment link is emailed once the Secretary of State receives the application from the delegation.
5. Take the oath and receive your commission. The Governor appoints the notary, and the Secretary of State issues the commission, which now carries a unique notary identification number.

Bond vs. E&O insurance in South Carolina

Because South Carolina requires no bond, the only insurance-type product relevant here is E&O coverage. The two serve different purposes. A surety bond—had one been required—would reimburse the public and then seek repayment from the notary. E&O insurance is the reverse: it protects the notary by covering legal defense and settlement costs when a signer alleges a notarial error caused them a loss. In South Carolina, buying E&O is a personal risk-management decision, not a licensing requirement.

Renewing your South Carolina commission

South Carolina’s ten-year term is one of the longest in the country, so renewals are infrequent. When your commission nears expiration, you file the same Notary Public Application, marking it as a renewal, and route it through your county delegation. If you change your name or address during the term, you must notify the Secretary of State within 45 days by filing a Change of Status request through the online notary portal. Because no bond is required, there is no bond to renew.

Remote online notarization in South Carolina

South Carolina has authorized electronic notarization under the South Carolina Electronic Notary Public Act (Title 26, Chapter 2), and commissioned notaries may register as electronic notaries through the online portal after watching an educational video and passing an online test. However, this is in-person electronic notarization (sometimes called IPEN): the notary and the signer must still be in each other’s physical presence, with electronic signatures and documents replacing paper. It is not full remote online notarization, where the signer appears by live audio-video from another location.

Non-resident notaries in South Carolina

South Carolina requires notary applicants to be registered South Carolina voters, which effectively limits commissions to state residents. The Secretary of State does not publish a separate non-resident notary track, so individuals who are not eligible to register to vote in South Carolina generally cannot obtain a commission.