South Carolina Code of Regulations Chapter 113 - SECRETARY OF STATE
Here’s a refined overview of Chapter 113 – Secretary of State from the South Carolina Code of State Regulations (current through March 28, 2025) (regulations.justia.com):
🏛️ Article 1 – Securities Division (Sections 113‑1 to 113‑26)
Fully repealed. These sections once governed securities agent registration, broker-dealers, investment advisers, and related disclosures—but are no longer in effect. (law.justia.com)
🌆 Article 2 – Municipal Corporations (Section 113‑200)
Sets out the procedures and requirements for municipal incorporation in South Carolina.
The Secretary of State reviews applications (maps, population, budgets, services, etc.), based on statutory law and Chapter 113 regulations.
If statutory conditions are met, the Secretary issues a commission allowing voters to decide on incorporation; if approved, a certificate of incorporation is issued. (scstatehouse.gov, sos.sc.gov)
🏡 Article 3 – Uniform Real Property Recording Act (Sections 113‑300 to 113‑350)
Establishes standards and procedures for electronic recording of real property documents:
113‑300 Definitions – Key terms like “electronic signature,” “digital document,” “register,” “MOU,” etc. (scstatehouse.gov)
113‑305 General Provisions – Conditions for electronic recording, public records management, and participation by registers. (scstatehouse.gov)
113‑310 Electronic Recording Models – Three levels of filing:
Method 1: scanned images of paper documents.
Method 2: scanned documents with XML metadata.
Method 3: fully digital documents with e-signatures/notarization. (scstatehouse.gov)
113‑315 MOU Requirements – Standard terms between authorized filing entities and registers. (scstatehouse.gov)
113‑320 Security Requirements – Encryption, authentication, key management, system backups, risk analysis every three years. (scstatehouse.gov)
113‑325 Transmissions – Secure transfer methods and visual inspection requirements. (scstatehouse.gov)
113‑330 Process Requirements – Timely confirmations, rejections, and valid recording rules. (scstatehouse.gov)
113‑335 Document Formats – Standards (TIFF, PDF, XML) and metadata retention. (scstatehouse.gov)
113‑340 Indexing Requirements – Must comply with PRIA’s eRecording XML standard v2.4.1. (scstatehouse.gov)
113‑345 Fees – Filing of recording fees and issuance of electronic receipts. (scstatehouse.gov)
113‑350 Preservation – Electronic records are permanent and must also be microfilmed. (scstatehouse.gov)
🖋️ Article 4 – Electronic Notaries Public (Sections 113‑400 to 113‑510)
Regulates the process and requirements for electronic notary public registration and practice:
113‑400 Registration – Notaries must register with the Secretary before conducting electronic notarizations; registration term matches their commission. (scstatehouse.gov)
113‑410 Applications – Must include identity, commission details, certification of training, tech and vendor info, e-signature, e-seal, and journal procedures.
113‑420 Training – Completion of approved course and passing an exam are mandatory.
113‑430 e‑Signature & Seal Requirements – Must be unique, verifiable, tamper-evident, and visually include the notary’s signature. Employer and seal custody rules also apply.
113‑450 Application Rejection – Grounds include misstatements, pending investigations, prior misconduct, or tech deficiencies.
Also addressed: vendor registration standards and record-retention responsibilities.
📥 Download the Official PDF
You can download the official PDF of Chapter 113 directly from the South Carolina Legislature’s site here:
Chapter 113 PDF (municipal + real property + notary regs): (scstatehouse.gov)
✅ Summary Table
Article
Topic
Key Provisions
1
Securities Division
Repealed
2
Municipal Corporations
Incorporation process and requirements
3
Real Property Recording
Electronic filing, security, indexing, preservation
4
Electronic Notaries
Registration, tech, seals, training, oversight
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