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22, 2024
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Selection of Technology: “A notarial officer, prior to performing notarial acts with respect to electronic records, must select at least one tamper-evident electronic notarization system with which to place the signature and official seal of the notarial officer on electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a system that the notarial officer has not selected” (Chapter 71 of Laws of 2024, Section 6SDCL 18-1-11.4).
Notification: “A notarial officer must notify the secretary of state, on forms prescribed by the secretary, of the names of each tamper-evident notarization system used by that notarial officer for the notarization of electronic records” (Chapter 71 of Laws of 2024, Section 6SDCL 18-1-11.4).
Changes of Status
Address Change: Notaries are asked to notify the Secretary of State of any change of address (website, “What If I Move?”). A “Notary Public Request to Change Record” form may be downloaded from the Secretary’s website (see also SDAR 05:04:03:04).
Name Change: “There are three options available to someone who changes their name during the term of the Notary Public Commission:
“1. Continue to use the Notary Commission as it was issued. The Notary would continue to sign their name using the surname on the commission.
“2. Continue to use the Notary Commission as it was issued and, at their option, add to the signature an appropriate notation such as "presently" or "now" and the new name. (Example: Sally Smith, presently Sally Jones).
“3. Change the name on the Notary Commission. If this option is selected, request a "Notary Public Request to Change Record" form from the Office of the Secretary of State. The Notary must purchase a new seal and place the imprint on the form. After this has been submitted to the Secretary of State, a Notary Public Name Change Certificate will be issued without any additional filing fee” (website, “What If My Name Changes?”; see also SDAR 05:04:03:04).
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Journal
Notarial Acts: Not required.
In-Person Electronic Notarial Acts: Not required.
Journal of Remote Notarial Acts: Not required.
Recording of Remote Notarial Acts: Required (Chapter 71 of the Laws of 2024 Section 4[5]SDCL 18-1-11.3).
Journal Recommendation
“While South Dakota law no longer requires a register be kept by a notary, it would certainly be to the advantage of the notary to do so. Most lawsuits against notaries could be avoided if the notary kept a record” (website, “Notary Procedures”).
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