Are electronic signatures legal in South Carolina?

What the South Carolina act says

South Carolina adopted the Uniform Electronic Transactions Act as Act No. 279 of 2004, which took effect when the Governor signed it on July 16, 2004. It sits in Title 26, Chapter 6 of the Code of Laws, the title that also covers notaries. The core rules are in § 26-6-70:

• A record or signature must not be denied legal effect or enforceability solely because it's electronic.
• A contract must not be denied legal effect solely because an electronic record was used to form it.
• An electronic record satisfies a law that requires a writing, and an electronic signature satisfies a law that requires a signature.

Evidence of a record or signature can't be kept out of a proceeding just because it's electronic (§ 26-6-130). The act applies only between parties who agree to transact electronically, and that agreement can be read from their conduct (§ 26-6-50(B)). A party can still refuse to do the next transaction electronically, and that right can't be waived (§ 26-6-50(C)).

A longer exclusion list than most states

Like every UETA state, South Carolina leaves out wills and most of the Uniform Commercial Code. It adds two things most states don't put in their own act: orders for prescription drugs, and a written-out list of consumer notices that mirrors the federal ESIGN exceptions (§ 26-6-30(B)). The act doesn't apply to a notice required by law about:

• Cancelling or shutting off utility service, including water, heat and power.
• Default, acceleration, repossession, foreclosure, eviction or the right to cure, under a credit agreement secured by, or a rental agreement for, someone's primary residence.
• Cancelling or ending health insurance or benefits, or life insurance benefits (annuities excepted).
• A product recall or a product failure that risks health or safety.
• Documents that must travel with hazardous materials, pesticides or other toxic materials.

If you're a landlord, lender or utility, those notices go out the way the governing law requires, not by e-signature request.

How it works with the federal ESIGN Act

Section 26-6-10(B) says the chapter provides alternative procedures for electronic records, consistent with the federal ESIGN Act (15 U.S.C. § 7002(a)). It also says it isn't meant to limit or supersede ESIGN's section 101(c), the consumer consent rule (§ 26-6-30(B)(2)(c)). So when a law requires you to give a consumer information in writing, follow ESIGN's consent steps too (15 U.S.C. § 7001(c)): disclose their rights, get their consent electronically and confirm they can open what you send. Our plain-English guide covers how the two laws fit.

Notaries: electronic, but in person

The South Carolina Electronic Notary Public Act of 2021 (Title 26, Chapter 2) lets registered electronic notaries notarize electronic documents. The signer must still appear in person before the notary (§ 26-2-50(A)(1)). SignMaster doesn't notarize documents.

Practical notes for South Carolina businesses

• Get agreement on record. A clause saying both sides agree to sign electronically is the plainest proof of agreement under § 26-6-50, though either side can still decline a later deal.
• Never lock the document. An electronic record isn't enforceable against a recipient you stop from storing or printing it (§ 26-6-80(C)).
• Keep an accurate final copy. A retained electronic record must accurately reflect the final document and stay accessible (§ 26-6-120).

For the copy rule in § 26-6-80(C), SignMaster lets signers download the finished PDF, which ends with a certificate of completion listing each event and its time. Each signer also agrees to sign electronically before signing, and that consent is saved with the disclosure version they saw.