A Notary Is Not A Lawyer
S.C. Code 26-1-90 and S.C. Code 26-1-100 — no immigration counsel, no notario publico, and five dollars a signature
No notario publico. A notary may not use the term notario publico or any equivalent non-English term on a card, advertisement, notice or sign, and may not claim powers the office does not give, including the power to counsel on immigration matters.
A notary who is not a licensed South Carolina attorney and advertises in a language other than English includes, in English and in that language, a conspicuous notice that the notary is not an attorney licensed to practice law in South Carolina and may not give legal advice or accept fees for it, along with the notary's fees.
Five dollars a signature. The most a notary may charge is $5 per signature for an acknowledgment, a jurat or signature witnessing, $5 per person for an oath without a signature, and $5 per certificate for a verification of fact. A travel fee is allowed only if agreed in advance and explained as separate from the notarial fee.
A notary may not notarize for a person who is not present, or whose identity is not known or shown by satisfactory evidence, may not notarize a blank document, and may not certify a photograph or photocopy.
Notarizing without the person present or properly identified, or acting as a notary without a commission, is a misdemeanor with a fine of up to $500 or up to thirty days, and a notary convicted forfeits the commission. Complaints go to the Secretary of State.
Sources for this section (3)
- S.C. Code 26-1-90 — Powers of notary public
- S.C. Code 26-1-100 — Fees for notary acts
- S.C. Code 26-1-160 — Notaries; unlawful acts; forfeiture of commission; penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.