Secretary of State of South Carolina

The Secretary of State of South Carolina is an elected constitutional officer in the executive branch of government of the U.S. state of South Carolina. The secretary of state is the chief clerk of state government in South Carolina and is responsible for registering businesses and trademarks, regulating charities, authorizing cable franchises, commissioning notaries public, and serving as the filing office for municipal records..

The incumbent is Mark Hammond, a Republican who has served as the secretary of state since 2003.

History
Under South Carolina's 1776 constitution, a Secretary of the Colony was elected by the South Carolina General Assembly and Legislative Council. Two years later, the state adopted a new constitution which required the secretary to be elected by the General Assembly to a term of two years and to maintain copies of all state laws. The state's 1790 constitution extended the incumbent's terms to four years but barred consecutive terms. The document also required the secretary to maintain offices both in the capital of Columbia and the city of Charleston, with the one located in the city in which they did not reside to be regularly staffed by a deputy. In 1868, South Carolina adopted a new constitution which removed the prohibition on consecutive terms and required the secretary to countersign all state grants and commissions and to certify the election of the governor and lieutenant governor. In 1895, South Carolina adopted another constitution which stipulated that the secretary was to be popularly-elected.

Powers and duties
Article VI of the Constitution of South Carolina provides for the election of a secretary of state. The Secretary of State is responsible for filing the registrations of businesses, nonprofit corporations, limited partnerships, limited liability partnerships within South Carolina. The secretary also maintains records of state trademarks, permits statewide cable franchises, and serves as the agent for service of process for companies' not permitted to operate in South Carolina. The secretary is tasked with overseeing the escheatment of real property in the state and regulating charitable organizations, fundraisers, and employment agencies.

In addition to their business-related responsibilities, the secretary also oversees various municipal affairs, including the incorporation of municipalities and special purpose districts and municipal annexations. They are empowered to revoke a municipality's incorporation if the municipality does not deliver any services, does not collect revenue, and fails to hold elections for its officials within four years. The secretary commissions and maintains a list of all notaries public in the state and issues commissions to elected officials and gubernatorial appointees. The secretary collects an annual salary of $135,000.

Office structure
The Office of Secretary of State is led by the secretary of state, followed by the deputy secretary, a general counsel, and a deputy general counsel. As of April 30, 2023, it is staffed by 32 employees. It is organized into eight divisions: Business Filings; Trademarks; Charities; Notaries, Boards and Commissions; Service of Process; Municipalities; and Information Technology.

Business Filings Division
The Business Filing Division is accountable for filings for business corporations, nonprofit corporations, limited liability companies, limited partnerships, and limited liability partnerships.

The Uniform Commercial Code is another responsibility of the Business Filings Division, this Code conducts the laws of commercial transactions. This includes the sale of goods, commercial paper, bank deposits and collections, letters of credit, bulk transfers, bills of lading and investment securities.

Trademarks Division
The Trademarks Division maintains a list of all registered trademarks in South Carolina and assists law enforcement in the seizing of any forged goods.

Public Charities Division
The Public Charities Division registers charities and fundraisers within the state, reviews their annual financial reports, and investigates procesuctes violations of the state law governing charitable solicitation.

Notaries Division
The Notaries Division maintains apostilles and is responsible for all notary public applications. This division handles all filings for state boards and commissions. A notary is commissioned with a certificate signed by the secretary of state. The secretary of state has the authority to verify the signature of any official is filed within the office.

Information Technology
The Information Technology Division is responsible for maintaining the office's online services and cybersecurity.