Notary Permits & Licenses in Charleston, SC

Required for all businesses including home-based notaries

Professional services like notary typically low fee tier

Notaries often qualify if no signage/traffic; verify zoning district (e.g., DR-2 allows limited home business)

Home occupations limited to 25% of home; no exterior signage typically

Required for all LLCs to register with the state. Annual report required separately.

Compliant with Unified Development Ordinance Article 6

Not typically needed for standard notary office setup

Home offices usually exempt unless client visits

Required per county ordinance; registration only

A $10,000 surety bond is required by state law to protect the public against improper notarial conduct. The bond must be issued by a surety company authorized in South Carolina and filed with the Secretary of State. It remains in effect for the duration of the notary’s 4-year commission unless canceled by the surety for cause.

While South Carolina does not legally mandate E&O insurance for notaries, it is strongly recommended. The Secretary of State advises notaries to obtain E&O coverage to protect against claims of negligence or mistakes in notarial acts. This is especially important for LLCs seeking liability protection.

South Carolina law mandates workers’ compensation coverage for employers with four or more employees. Sole proprietors and notaries without employees are exempt. LLC members are not automatically counted as employees unless they elect coverage. Notaries hiring administrative staff or contractors classified as employees must comply.

General liability insurance is not mandated by South Carolina state law for notaries. However, it is strongly recommended to protect against third-party bodily injury or property damage claims (e.g., a client trips in the office). Some commercial landlords or financial institutions may require it as a condition of doing business.

If the notary LLC uses a vehicle for business purposes (e.g., mobile notary services), it must be registered and insured under a commercial auto policy. Personal auto policies typically exclude business use. Coverage must meet South Carolina’s minimum liability limits: $25,000 bodily injury per person, $50,000 per accident, and $25,000 for property damage.

Not required by South Carolina law. However, if the LLC sells tangible goods, it may be exposed to product liability claims. Most notaries do not sell products directly to the public, so this is typically not needed. Coverage may be included in broader liability policies.

Not applicable to standard notary services. Only required if the LLC holds a retail alcohol license and serves or sells alcoholic beverages. Most notaries do not engage in such activities.

All domestic LLCs must file annually to maintain good standing.

|-

75% passing score required on 50-question exam administered by approved providers. Study materials provided by Secretary of State.

Required if LLC uses trade name/DBA. Renew every 10 years.

Notary services are generally not subject to sales tax in South Carolina. However, if the LLC sells tangible personal property (e.g., notary supplies), registration may be required. See SCDOR Regulation 117-303 (Rev. 2021).

Applies to all employers in South Carolina. Employers must withhold state income tax from employee wages. Registration is completed via the SCDOR online portal.

All employers with one or more employees must register. New employers pay a standard rate of 0.04% on first $8,000 of wages per employee annually (as of 2024).

By default, single-member LLCs are disregarded; multi-member LLCs taxed as partnerships are not subject to franchise tax unless they have capital over $100,000. See S.C. Code § 12-20-20. Franchise tax is due annually regardless of income.

Many South Carolina cities and counties require a local business license or privilege tax. Examples include Columbia, Charleston, and Greenville. Check with the local clerk’s office. Not required statewide, but common locally.

Required for all businesses; notary services classified under professional services

Not required if operating solely within city limits; notary falls under general business category

City of Greenville has separate license; check both for city operations

All U.S. employers, including LLCs, must verify identity and employment authorization for every new employee using Form I-9. The form must be retained for 3 years after hire or 1 year after employment ends, whichever is later. Notaries without employees are not subject to this requirement.

If the Notary LLC hires employees, it must comply with FLSA requirements, including minimum wage ($7.25/hour federally), overtime pay (1.5x regular rate for hours over 40/week), and proper recordkeeping. South Carolina follows federal standards. Independent contractors (e.g., contracted Notaries) are not covered.

FMLA requires eligible employers to provide up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. Most Notary LLCs in South Carolina will not meet the 50-employee threshold and are therefore exempt. This is included for completeness.

There is no federal license required to operate as a Notary Public in the United States. Notary commissions are issued exclusively by state governments (in this case, South Carolina Secretary of State). The federal government does not issue or regulate Notary commissions. This entry confirms absence of federal licensing.

While not all LLCs need an EIN, most Notary public LLCs in South Carolina will need one if they have employees or choose to be taxed as a corporation. Single-member LLCs with no employees may operate without an EIN but will need one to open a business bank account. This is a federal tax administration requirement.

By default, a single-member LLC is disregarded as an entity for federal tax purposes and reports income on the owner’s Form 1040 (Schedule C). A multi-member LLC is treated as a partnership and must file Form 1065. If the LLC elects to be taxed as a corporation (Form 8832), it must file Form 1120. This applies regardless of Notary activity but is based on LLC structure.

Federal OSHA does not require a formal safety program for small offices, but employers must provide a workplace free from recognized hazards. For a Notary LLC operating from a home or small office, this typically involves minimal requirements (e.g., electrical safety, ergonomics). Employers must also post OSHA’s “Job Safety and Health Protection” poster (available free online).

As a service provider, a Notary public LLC is considered a “public accommodation” under ADA Title III. If clients visit the business location, the space must be accessible to individuals with disabilities (e.g., ramps, door width, accessible restrooms if present). Virtual or mobile Notary services with no fixed public location have minimal ADA obligations. Website accessibility may also be interpreted under ADA.

Notary public services do not involve hazardous materials, waste disposal, or industrial processes. Therefore, federal EPA regulations (e.g., RCRA, Clean Air Act) do not apply to standard Notary operations. This requirement is included for completeness and to confirm exemption.

The FTC enforces truth-in-advertising standards. A Notary LLC must not make false or misleading claims (e.g., implying affiliation with government beyond certification, guaranteeing legal outcomes). This applies to websites, social media, and printed materials. While not Notary-specific, it is critical for marketing compliance.

Under the Corporate Transparency Act (effective January 1, 2024), LLCs must report beneficial ownership information (BOI) to FinCEN. This includes identifying individuals who own or control 25% or more of the entity. This is a new federal requirement applicable to all LLCs, including Notary businesses, unless an exemption applies (e.g., large operating companies). Notary LLCs are not exempt.

All LLCs registered in South Carolina must file an Annual Report with the Secretary of State. The report updates business information such as principal address, registered agent, and management structure. Must be filed online or by mail.

Notaries in South Carolina are commissioned for a term of 7 years. Renewal requires submitting Form 105A and paying the fee. Must be completed before expiration to avoid lapse in authority.

A $7,500 surety bond must be filed with the Secretary of State at the time of application or renewal. The bond protects the public against misconduct. Also requires filing of Oath of Office.

LLC with employees must file quarterly Form 941 (Employer's Quarterly Federal Tax Return) and annual Form 940 (Federal Unemployment Tax Act). Single-member LLCs without employees may not have recurring federal tax filings beyond personal income reporting. Multi-member LLCs file Form 1065; S-corps file Form 1120-S.

All businesses earning income in SC must file Form SC1120 or appropriate return. The license fee is in lieu of corporate income tax for pass-through entities. Due date aligns with federal tax deadline.

Individuals and pass-through entities (like LLCs) must make estimated tax payments if they expect to owe $200 or more in state income tax. Payments cover state income tax on notary income.

Self-employed individuals, including notaries operating as LLCs, must make quarterly estimated tax payments using Form 1040-ES if they expect to owe $1,000 or more when filing their return.

South Carolina law requires notaries to maintain a journal (record book) of all notarial acts. Entries must include date, type of act, identification method, and signer information. Required even if not mandated by employer or law firm.

The original commission certificate issued by the Secretary of State must be visibly displayed at the location where notarial services are performed.

Employers must display current federal and state labor law posters, including Minimum Wage, OSHA, and EEO notices. Available for download from SC LLR website.

Some counties and cities in South Carolina (e.g., Charleston, Columbia) require a local business license or occupational tax receipt. Check with local clerk for specific requirements.

Notaries typically do not collect sales tax unless selling supplies (e.g., stamps, journals). If registered, must file periodic returns (monthly, quarterly, or annually).

Employers with 11 or more employees must maintain OSHA Form 300 (Log of Work-Related Injuries) and post Form 300A annually. Not applicable to most small notary businesses unless they have employees.