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1. Qualifications: An applicant for a South Dakota Notary Public commission must be a permanent resident of the state as defined in SDCL 12-1-4, or a resident of a county bordering South Dakota who works or has a place of business in the state. Any person who has been convicted of a felony may not be appointed as a Notary (SDCL 18-1-1).

2. Course: Not required.

3. Exam: Not required.

4. Application: The “Notary Public Application, Oath & Bond” form must be completed and submitted to the Secretary of State, with the $30 filing fee (SDCL 18-1-1). However, a Notary seal must first be obtained and an imprint of this seal affixed in the box in the upper left corner of the application (SDCL 18-1-3). In addition, a $5,000 bond must be obtained and the bond portion of the application filled out with the name of the surety company and signed by both the applicant and the bond agent; if a personal surety is used, the signatures of both the applicant and the personal surety must be notarized on the “Personal Surety Form” on the back of the application The oath part of the application is not notarized (SDCL 18-1-2 and SDAR 05:04:03:01).

5. Background Screening: Not required.

6. Non-Residents: A non-resident may become be commissioned as a South Dakota Notary if the person resides in a county bordering South Dakota and has a place of work within the state (SDCL 18-1-1).

7. Reappointment: The process for renewing a commission is the same as for the initial application.
   “The application to renew your commission may be submitted no more than sixty (60) days prior to your expiration date. If you wish to renew your Notary Public commission and desire to keep the same commission date and expiration date (month and day), you may do so by completing and mailing to the Office of the Secretary of State the Application, Oath and Bond form in advance of the expiration of your commission. If you desire a different expiration date than your previous commission, please indicate what date you wish to have your next six year term begin. Once again, we must receive the application prior to the date you have selected or already have” (website, “Notary Commission Renewal”).

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1. Definition: “Acknowledgment,” [is] a declaration by a person before a notarial officer that the person has signed a document for the purpose stated in the document and that the document is signed by a representative who is:
   ”(a)  An authorized officer, agent, partner, trustee, or other representative of a person other than a natural person;
   “(b)  A public officer, personal representative, guardian, or other representative in the capacity stated in a document;
   ”(c)  An attorney-in-fact for a natural person; or
   ”(d)  An authorized representative of another person in any other capacity, that the representative signed the document with proper authority and signed it as the act of the person identified in the document” (SDCL 18-1-1.1[1]).
   “An acknowledgment is the act of one who has executed an instrument in going before a notary or other official authorized to take the acknowledgment and declaring that they have executed the document” (NPH and website, “Glossary of Terms”).

2. Requirements: “The acknowledgment of an instrument must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is an officer of the corporation authorized to execute the instrument” (SDCL 18-4-10; see also SDCL 18-5-5).
   “In taking an acknowledgment, the notary must:
   “• Require the personal appearance of the signer.
   “• Review the document to identify that an acknowledgment is applicable.
   ”• Identify the signer as the person who is to be signing the document.
   “• Witness the signature being placed on the document.
   “• Have the signer verbally acknowledge that the signature is his/hers and that it was made voluntarily.
   “• Complete the notarial certificate” (NPH).

3. Witness Signature: The document that is being acknowledged must also be signed in the physical presence of the notary public in order to be valid” (NPH).

4. Ceremony: “In a typical acknowledgment ceremony the notary examines the document, declaration, or avowal of one’s act or of a fact to give it legal validity. The document, declaration, or avowal is signed in the presence of the notary. ‘Do you acknowledge the execution of this (name the document, deed, mortgage, etc.) to be your free act and deed?’ The acknowledger says, ‘Yes,’ and the notary completes the certificate” (website, “Acknowledgements/Affidavits”).

5. Signing Capacity: “The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, … or, if executed by a corporation, that the person making such acknowledgment is an officer of the corporation authorized to execute the instrument” (SDCL 18-4-10).
   “When completing a notarial certificate that is being signed in a representative capacity, the notary must indicate the name of the person who signed the document, the capacity in which it was signed, and the name of the party/entity on whose behalf it was signed. When someone is signing in a representative capacity, the notary is required to determine not only the identity of the person signing the document, but also the capacity of the person to sign on behalf of the person or entity. This can be done using either personal knowledge or satisfactory evidence (power of attorney, probate records, etc.)” (NPH).

Proofs

1. Requirements: “If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness” (Forgery and Fraud: “It is important that in connection with an acknowledgment that the notary identifies the person making the acknowledgment. Failure to do so could result in financial loss to someone who relied on the notary’s certificate. It could also result in an effort on the individual’s part to recover his loss from the notary. These cases could involve impersonation or forgery or both. The crucial question then becomes “what degree of care was exercised by the notary to ascertain the identity of the person making the acknowledgment.” A driver’s license might be used to identify the acknowledger. The notary must be certain that the acknowledger is who he purports to be. A notary is a public officer and a great deal of faith and confidence is placed in his or her official acts” (website, “Acknowledgments/Affidavits”).

Proofs

1. Requirements: “If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness” (SDCL 18-4-18).
   “Officers authorized to take the proof of instruments are authorized in such proceedings:
   “1. To administer oaths or affirmations;
   “2. To employ and swear interpreters;
   “3. To issue subpoenas and to punish for contempt as provided in Title 19 in regard to the means of producing witnesses” (SDCL 18-4-21).

2. Proof by Handwriting: Provision is made for a proof of execution by handwriting when the principal(s) and/or subscribing witnesses are dead, out of state, at an unknown location or uncooperative (SDCL 18-4-19 and 18-4-20).

3. Certificate of Proof: While no statutory certificate of a proof of execution is provided in statute, SDCL 18-4-22 specifies the requirements for the certificate: “An officer taking proof of the execution of an instrument must in his certificate endorsed thereon or attached thereto set forth all the matters required by law to be done or known by him or proved before him on the proceeding, together with the names of all the witnesses examined before him, their places of residence respectively, and the substance of their evidence.”

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1. Definition: “‘Oath’ includes affirmation” (SDCL 2-14-2[17]).

2. Requirements: “Persons conscientiously opposed to swearing may affirm, and shall be subject to the penalties of perjury as in case of swearing” (SDCL 18-3-5).
   “A person who objects to swearing may make an affirmation. In such a case, the notary would ask, ‘Do you solemnly and sincerely affirm under the penalties of perjury that the statements contained in this affidavit are true?’ The notary would change the jurat to show that the affiant affirmed rather than swore” (website, “Glossary of Terms”the affiant affirmed rather than swore” (website, “Glossary of Terms”).

3. Ceremony: “Properly, an affidavit should be taken in the following manner: the notary and the affiant should stand facing each other with raised right hand and the notary should then say, “Do you solemnly swear that the statements contained in this affidavit are the truth, so help you, God?” However, the essential thing is that the affiant be made to realize that he or she is taking an oath. This fact should be impressed upon the affiant” (website, “Acknowledgments/Affidavits”).

Verifications

1. Definition: “Verification on oath or affirmation,” [is] a declaration, made by a person on oath or affirmation before a notarial officer, that a statement in a document is true.

2. Affidavits: “An affidavit is simply a written statement sworn to before an officer authorized to administer an oath. A person ‘makes’ an affidavit by going before a notary or other officer and swearing to the contents of a written document. A notary ‘takes’ an affidavit by administering the oath and completing the certificate” (website, “Glossary of Terms”).
   “A notary’s certificate on an affidavit is called a jurat” (website, “Glossary of Terms”).
   “There are three things necessary for a valid affidavit, and all three must be present at the same time: (1) the affiant, (2) the notary, and (3) the document. The affiant must swear to and sign the affidavit in the presence of the notary. These three elements of a properly made affidavit are embodied in the notary’s jurat which reads: Subscribed and sworn to (or affirmed) before me this _______ day of ____________ , 20___ ” (website, “Acknowledgements/Affidavits”).
   “In most states, it is not necessary for a notary to request identification of a person making an affidavit because he does not vouch for his identity in any way … However, there is nothing wrong with asking for identification, and it might, in fact, be a good idea to do so. Properly an affidavit should be taken in the following manner: the notary and the affiant should stand facing each other with raised right hand and the notary should then say, ‘Do you solemnly swear that the statements contained in this affidavit are the truth, so help you, God?’ However, the essential thing is that the affiant be made to realize that he or she is taking an oath. This fact should be impressed upon the affiant” (website, “Acknowledgements/Affidavits”).

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Paper Printout of Electronic Record: “A register of deeds must accept for record a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a signature on a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies the tangible copy is an accurate copy of the electronic record” (Chapter 71 of the Laws of 2024 Section 7SDCL 18-1-11.5).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (SDCL 57A-3-505[b]).

2. Requirements: “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (SDCL 57A-3- 505[b]).

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1. Notarial Acts

   1. Personal Knowledge: “'Personal knowledge,' [means] a notarial officer has personal knowledge of the identity of an individual appearing before the officer if either:
      “(a) The individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. The notarial officer must have known and had regular interactions with the individual for an extended period of time. A mere acquaintance does not amount to personal knowledge for purposes of this definition; or
      “(b) The notarial officer represents the individual as their attorney, real estate agent, auctioneer, or public accountant, or any combination thereof” (SDCL 18-1-1.1[4]).

   2. ID Documents: “Acceptable identification documents are government‐issued identification cards with a picture of the individual, and can include a passport, driver’s license or state ID card, tribal ID, military or student ID, or another governmental issued picture ID that is current and unexpired” (NPH).
      “Notaries are not expected to be experts on all types of identification, but are urged to use common sense and reasonable care when presented with identification that appears to have been tampered with or does not match the information presented by the individual” (NPH).

   3. Credible Witness: “Notaries are encouraged to utilize a ‘credible witness’ when in doubt about a person’s identity. A ‘credible witness’ is any person who personally knows the signer of a document. The notary should likewise personally know the credible witness. The credible witness may, under oath from the notary, attest to the identity of the document signer. Remember, the credible witness should be impartial to the transaction being notarized” (NPH and website, “Eight Important Concepts”).

   4. Refuse if in Doubt: “If a notary has any doubt about a signer’s identity, it is best not to notarize that signature” (NPH and website, “Eight Important Concepts”).

   5. Affidavits: “ In most states it is not necessary for a notary to request identification of a person making an affidavit because he does not vouch for his identity in any way. The notary’s certificate merely says that the document was “sworn to” on a specified date. However, there is nothing wrong with asking for identification, and it might in fact be a good idea to do so” (website, “Acknowledgments/Affidavits”).

2. Remote Notarial Acts: In South Dakota. a Notary may only identify remotely located individuals for a remote notarial act through the Notary’s personal knowledge of the remotely located individual (SDCL 18-1-11.1).

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1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective July 1, 2000, South Dakota enacted its own version of the Uniform Electronic Transactions Act (Title 53, Chapter 12, “Electronic Transactions,” Sections 53-12-1 through 53-12-50), including the following provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (SDCL 53-12-24).

   2. Uniform Real Property Electronic Recording Act: Effective July 1, 2014, South Dakota’s enactment of the Uniform Real Property Electronic Recording Act (Chapter 47 [Senate Bill 68]) permits a Notary to use an electronic signature to notarize a recordable electronic document without affixing an image of the Notary’s official seal: “If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature. “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal does not have to accompany an electronic signature” (SDCL 7-9A-2).

   3. South Dakota Code of Laws Chapter 18-1:

      1. Authorization: Effective July 1, 2024, a new law authorizes notarial officers, including Notaries Public, to perform notarial acts with respect to electronic records (Chapter 71 of the Laws of 2024 Section 6SDCL 18-1-11.4).

      2. Definition: “'Notarial act,' an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument” (SDCL 18-1-1.1[4]).

2. Not Currently Implemented: “Does South Dakota have E‐Notaries? – No, currently, South Dakota does not allow for e‐notarization” (NPH).
   “South Dakota enacted remote notarization in limited circumstances in 2019. However, … electronic signatures/notarization are not acceptable at this time” (NPH).

3. Technology Systems

   1. Approval of Technology Systems: Not required.

   2. Listing of Providers: Not provided.

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1. Applicable Law: South Dakota Codified Laws Chapter 18-1. South Dakota enacted a modified version of the Revised Uniform Law on Notarial Acts provisions related to notarizations for remotely located individuals. These provisions are summarized below.

2. Technology Systems

   1. Approval of Technology Systems: Not required.

   2. Listing of Providers: Not provided.

3. Definitions
   "'Document' or ‘record,’ information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form” (SDCL 18-1-1.1[2]).
   "'Identity proofing,' a process or service by which a third party provides a notarial officer with a reasonable means to verify the identity of an individual by review of personal information from public or proprietary data sources” (SDCL 18-1-1.1[3]).
   "'Remotely located person,' a person who is not in the physical presence of the notary” (SDCL 18-1-1.1[8]).

   "'Tamper-evident,' any change to an electronic record displays evidence of the change” (SDCL 18-1-1.1[9]).
   "'Video communication technology,' an electronic device or process that allows a notarial officer physically located in this state and a remotely located person not in the physical presence of the notarial officer to communicate in real-time with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments” (SDCL 18-1-1.1[11]).

4. Authority to Perform Remote Notarial Acts

   1. Electronic Records: “A notarial officer in this state, while located in this state, may perform a notarial act executed on an electronic record by a person not in the physical presence of the notarial officer but observed by the notarial officer through means of video communication technology if the notarial officer:
      “(1) Has personal knowledge, by means of two different methods of identity proofing, that the person has the identity being claimed;
      “(2) Affixes the notarial officer's signature to the electronic record executed by the person;
      “(3) Indicates the remote location of the person executing the document in the notarial certificate pursuant to section 11 of this Act;
      “(4) Indicates in the notarial certificate pursuant to section 11 of this Act that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of video communication technology, and a tamper-evident electronic notarization system; and
      “(5) Creates an audio-visual copy of the performance of the notarial act” (Chapter 71 of the Laws of 2024 Section 4SDCL 18-1-11.2).

   2. Tangible Records: “A notarial officer in this state, while located in this state, may perform a notarial act executed on a tangible document by a person not in the physical presence of the notarial officer, but observed by the notarial officer through means of video communication technology, if the notarial officer:
      “(1) Has personal knowledge of the identity of a person through dealings sufficient to provide reasonable certainty that the person has the identity being claimed;
      “(2) Affixes the notarial officer's signature to the original tangible document executed by the person;
      “(3) Indicates in the notarial certificate the remote location of the person executing the document;
      “(4) Indicates in the notarial certificate that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of video communication technology; and
      “(5) Is able reasonably to confirm that the document before the notarial officer is the same document in which the person made the statement or on which the person executed a signature” (SDCL 18-1-11.1).

5. Rules: “The secretary of state may promulgate rules pursuant to chapter 1-26 to:
   “(1) Create standards for online notarial acts in accordance with this Act, including standards for credential analysis, identity proofing, and communication technology used for online notarial acts; and
   “(2) Ensure the integrity, security, and authenticity of online notarial acts in accordance with this Act” (Chapter 71 of the Laws of 2024 Section 9SDCL 18-1-11.7).

Validity of Notarial Acts

“The failure of a notarial officer to perform a duty or meet a requirement specified by law does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state or the law of the United States. Nothing in this section validates a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (Chapter 71 of the Laws of 2024 Section 10SDCL 18-1-11.8).

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CERTIFICATE OF NOTARIAL ACT

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“A notarial officer must retain an electronic audio-visual copy of each notarial act for a person not in the physical presence of the officer and involving the use of a tamper-evident notarization system” (Chapter 71 of the Laws of 2024 Section 518-1-11.3).

Disposition of Records

1. Requirement: “Upon suspension or revocation of a notarial officer's commission, or upon death or incapacity, the notarial officer or the guardian, conservator, or personal representative of the incapacitated or deceased notarial officer must retain an electronic audio-visual copy of each notarial act for ten years” (Chapter 71 of the Laws of 2024 Section 518-1-11.3).

2. Repository: “In lieu of retaining copies …, the copies may be held by a repository designated by or on behalf of the notarial officer” (Chapter 71 of the Laws of 2024 Section 5SDCL 18-1-11.3).

Records Retention

1. Ten Years: A notarial officer must retain copies of notarial acts for a person not in the physical presence of the officer and using a tamper-evident technology for 10 years from the date of performance of the notarial act (Chapter 71 of the Laws of 2024 Section 5SDCL 18.1-11.3).

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FEES FOR NOTARIAL ACTS

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Acknowledgments and Proofs in U.S. State or Jurisdiction

1. Other State Officers: “The proof or acknowledgment of an instrument may be made without the state, but within the United States, and within the jurisdiction of the officer, before either:
   “(1) A justice, judge, or clerk of any court of record of the United States;
   “(2) A justice, judge, or clerk of any court of record of any state or territory;
   “(3) A notary public;
   “(4) Any officer of the state or territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment; or
   “(5) A commissioner appointed for the purpose by the Governor of this state” (SDCL 18-4-4).

2. Full Faith and Credit: “Full faith and credit shall be given to all the protestations, attestations, and other instruments of publication, of all notaries public now in office or hereafter to be appointed under the provisions of this chapter” (SDCL 18-1-10).

Acknowledgments and Proofs in Native American Lands

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1. Fees: $25 per document (or a flat fee of $250 for 10 or more documents) for any certificate of authentication for a Notary, including an apostille. Fees may be paid by cash, American Express, Visa, Discover, Mastercard, or by check or money order payable to “Secretary of State.”

2. Mailing Address:
   Secretary of State Capitol Building
   500 East Capitol Ave.
   Pierre, SD 57501-5070

3. Physical Address:
   215 E. Prospect Ave.
   Pierre, SD 57501

4. Phone: 1-605-773-2797

5. Procedure: Mail or present in person — appointments should be made — the original notarized document, along with the $25 per document fee and a completed Apostille/Certificate of Authentication Request form (available for download on the Secretary of State’s website). If documents are being sent internationally, a pre-paid, self-addressed envelope is required (Apostille/Certificate of Authentication Request form). All documents must include an original signature and the original signature of a South Dakota Notary Public (website “Apostilles & Authentications”). Documents will be returned by first-class standard USPS mail. “If you want to track your documents and/or want them mailed in a different manner, and/or need them mailed to a foreign address, you must enclose a pre-paid self-addressed envelope for that service” (website, “Apostilles “Apostilles & Authentications”).
   Expedited service appointments may be made. A limit of 10 documents per expedited request is imposed. An expedited fee of $50 must be added to the processing fee.
   If notarized documents are to be presented in person at the Secretary of State’s office, please contact the Apostille Administrator, by emailing apostille@state.sd.us or calling (605) 773-5004 to notify our office that you are on your way” v (website, “Apostilles “Apostilles & Authentications”).

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