Could a South Carolina clerk record a document acknowledged within the state in 1996?

Plain-English summary

In a short 1996 informal letter, an assistant deputy attorney general answered an Edgefield County clerk's question about recording documents acknowledged within South Carolina. An older AG opinion had said acknowledgments could be accepted only when executed out of state. The author said that opinion predated a relevant statutory amendment and that in-state acknowledgments now appeared to be recognized. He told the clerk to follow the amended provision.

The letter did not reproduce the amended provision in full; it said a copy was enclosed. It also did not address whether any particular document satisfied all recording formalities. Its useful point was the change from the earlier AG position on where an acknowledgment could be executed.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the older AG opinion still bar all in-state acknowledgments?
A: The 1996 author said no. The older view preceded a statutory amendment, and the amended terms appeared to recognize in-state acknowledgments.

Q: Did this letter approve a specific deed for recording?
A: No. It answered the general question about acknowledgments and did not examine an individual instrument.

Q: Was the amended statutory text reproduced in the letter?
A: No. The author cited it and said a copy was enclosed, but the enclosed copy is not part of this record.

Background and statutory framework

The clerk asked whether an acknowledgment made in South Carolina could be recognized for recording. The letter compared an earlier AG opinion with later statutory amendments and advised that the amended statute govern. Its conclusion was framed as an appearance under the amended terms, not a document-specific ruling.

This was an informal opinion signed by an assistant deputy attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• The letter cited the amended South Carolina acknowledgment provision and an earlier AG opinion cited as “7-24-90.”

Official title

Asking whether acknowledgements executed within this State may be recognized for recording.

Requester

The Honorable Allen H. Dunn, Clerk of Court, Edgefield County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-13-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96dec13dunn.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

December 13, 1996
The Honorable Allen H. Dunn
Clerk of Court
Edgefield County
Edgefield, SC 29824
Dear Mr. Dunn:
You have asked whether acknowledgments executed within this State may be recognized for recording. As you note, a previous opinion of this Office held that acknowledgements could not be accepted unless executed out of State, but this opinion preceded relevant amendments to this statute. Ops. Atty. Gen. (7-24-90). Acknowledgements executed within this State, now appear to be recognized under the terms of s.c. Code Ann. SJ0-5-30 (B) (Supp. 1995) (copy enclosed). Therefore, the terms of this amended statute should now be followed._ · This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. If you have further questions, please let me know.

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Enclosure

~~ • PosT OFflCE Box 1.1549 •

COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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