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Last Update: August

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29, 2024

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1. Address: Office of Secretary of State Notary Administrator
   State Capitol, Suite 204
   500 East Capitol Ave.
   Pierre, SD 57501-5070

2. Phone: 605-773-50073537

3. Website: https://sosenterprise.sd.gov/BusinessServices/Notary/Default.aspx

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1. Laws: Most Notary statutes are in the South Dakota Codified Laws (SDCL), Title 18 Chapter 18-1 (“Notaries Public”); Chapter 18-3 (“Administration of Oaths”); Chapter 18-4 (“Acknowledgment and Proof of Instruments”); and Chapter 18-5 (“Uniform Acknowledgment Law”).

2. Rules: Rules regulating Notaries are found in the South Dakota Administrative Rules (SDAR) Title 05, Article 04, Chapter 03 (“Notaries Public”).

3. Guidelines: Other helpful guidelines for Notaries are in the “South Dakota Notary Public Handbook” (NPH) (Revised January 2023July 2024), published by the Secretary of State and available on the website.

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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

   1. Notary Seal: A Notary seal must first be obtained

   and

   1. because an imprint of this seal must be affixed in the box in the upper left corner of the application (SDCL 18-1-3).

   In addition, a

   2. Application Form: The “Notary Public Application, Oath & Bond” form must be completed and submitted to the Secretary of State.

   3. Bond: 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

   1. third page of the application instead.

   2. Oath: The oath part of the application is not notarized (SDCL 18-1-2 and SDAR 05:04:03:01).

   3. Fee: The fee to submit an application is $30 (SDCL 18-1-1).

5. Background Screening: Not required.

6. Non-Residents: A non-resident may 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”).

Registration to Perform Remote Notarial Acts

Not required. “Because electronic remote notarization is not authorized under South Dakota statute, there would not be an additional designation needed for any South Dakota notary public to utilize this means of notarization at this time” (NPH).

Online Search

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Online Search

Through the Secretary of State’s online Information Access System, the list of South Dakota Notaries with current commissions may be accessed by submitting a name, city or county. The information available for each listed Notary includes name, commission expiration date, county, city, street address, and state of residence (website, “Search Notary Public Commission Records”).

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“Each notary may, anywhere in this state, administer oaths and perform all other duties required by law” (SDCL 18-1-1).

1. Traditional Notarial Acts: “A South Dakota notary public may perform a notarial act on a tangible document when the notary is PHYSICALLY located within the borders of the state of South Dakota. A notary may perform notarial duties within any county in the state, not just the county in which they were

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1. commissioned” (NPH).

2. Remote Notarial Acts: For remote notarizations, the notary MUST still be PHYSICALLY located in South Dakota at the time of the notarization. Jurisdiction for remote notarizations is determined by the physical location of the notary, not the signer. The signer may be located anywhere in the world, but the notary MUST be in South Dakota” (NPH).

Term Length

“A notary public shall hold office for six years unless sooner removed by the secretary of state” (SDCL 18-1-1).

“The notary commission date takes effect on the day the Secretary of State makes the appointment and issues the commission. The expiration date is exactly six (6) years from the commission date. The commission expires at midnight on the day of expiration” (NPH).

“It is a Class 2 misdemeanor for any notary public to exercise the duties of his office after the expiration of his commission or when he is otherwise disqualified” (SDCL 18-1-12).“A change of employment during the notary commission term DOES NOT terminate the commission. Even if your employer pays for your bond and stamp, the commission is issued to the notary as an individual and the employer DOES NOT have the right to cancel the bond or terminate the commission” (NPH).

Notary Bond

1. Requirement: “Each notary public, before performing the duties of the office, shall take an oath as required by [SDCL] § 3-1-5, and shall give a bond to this state, to be approved by the attorney general, in the penal sum of five thousand dollars, conditioned for the faithful discharge of the duties of the office” (SDCL 18-1-2). “The bond can EITHER be a $5,000

2. Surety Bond issued by an insurance company OR an individual personal surety” (NPH).Surety or Insurance Company: “The bond MUST be currently dated within sixty (60) days of the date the application is submitted to the Secretary of State’s office” (NPH)A Notary’s surety can be a surety or insurance company.

3. Personal Surety: “If the applicant chooses to use a “A personal surety , that personal surety must be an individual person” (NPH).
   “A personal surety cannot be the notary public/applicant” (NPH).
   “Personal sureties cannot be removed from the notary commission for any reason at any time during the notary term. If the surety cannot consent to the full 6‐year term, they should NOT be signing as a personal surety” (NPH).
   The bond form is incorporated as part of the Notary application (see also SDAR 05:04:03:04). A Personal Surety Form is incorporated as part of the Notary application (see also SDAR 05:04:03:01can be a friend, relative, spouse or co-worker whom will sign on their own behalf and be liable for your $5000 bond if you perform any unlawful acts with your notary commission. A personal surety cannot be a company, business or organization…A personal surety cannot have his/her name removed for any reason. A Notary cannot be their own personal surety. A Personal Surety CANNOT be a person from out-of-state” (website, “Becoming a Notary Public”).

Notification to Perform Notarial Acts on Electronic Records

1. 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” (SDCL 18-1-11.4).

2. 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” (SDCL 18-1-11.4).
   

Changes of Status

1. Address Change: Notaries are asked Notaries may use the Notary commission application or “Notary Public Change Request Form” to notify the Secretary of State of any change of address that the Notary will be performing notarial acts on electronic records and the electronic notarization systems they will be using.

Changes of Status

1. Address Change: “A Notary Public commission is good in any county in South Dakota regardless of the county for which it was issued. However, please notify the Office of the Secretary of State of any change in address and include a Rider document from your insurance company indicating the change made to their records, so that a notation can be made on the Notary Public's records” (website, “What If I Move?”).
   A “Notary Public Request to Change Record” form Form” may be downloaded from the Secretary’s website (see also SDAR 05:04:03:04)to report an address change.

2. 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 The Notary must purchase a new seal and place the imprint on the form. Also, be sure to contact your insurance company to request a Rider document indicating the change made to their records and send this with your 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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1. Notarial Acts: South Dakota Notaries are authorized to perform the following notarial acts (SDCL 18-1-1.1):

   1. Take acknowledgments and proofs (SDCL 18-4-1);

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest a copy;

   6. Note protests of negotiable instruments.

2. In-Person Electronic Notarial Acts: South Dakota Notaries who have notified the Secretary of State that they will be performing notarial acts with respect to electronic records, may perform in-person electronic notarial acts.

3. Remote Notarial Acts: All South Dakota Notaries may perform remote notarial acts on tangible records by virtue of their Notary Public commissions, and upon notifying the Secretary of State, may perform remote notarial acts on electronic records.

Acknowledgments

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 in-person 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).

6. 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”).

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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”).

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 ‘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 “'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.true” (SDCL 18-1-1.1[10]).

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” oath” (website, “Acknowledgements/Affidavits”).

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1. Description: “The most common notarial act is to witness someone sign a document. South Dakota state law requires the notary to physically witness the individual sign the document. Occasionally someone will bring a document that has already been signed. In this situation, the notary must have the individual physically sign the document a second in the notary’s presence” (NPH).

2. Requirements: “When witnessing a signature, the notary must:
   “• Require the personal appearance of the signer.
   “• Review the document to identify the type of notarial act required.
   “• Identify the signer as the person who is to be signing the document.
   “• Determine that the signer is signing the document competently and voluntarily.
   “• Witness the signature being placed on the document.
   “• Complete the notarial certificate” (NPH).

3. Signing Capacity: A signature witnessing is similar to an acknowledgment, and the individual can sign in their individual capacity (signing on one’s own behalf) or in a representative capacity (signing on behalf of another person or entity). 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).

Copy Certifications

1. 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” (SDCL 18-1-11.5).

2. Copy Certification by Certifier: “A South Dakota Notary Public cannot certify copies of documents. However, they may choose to have an individual certify the validity of a copy of a document and notarize that person’s signature” (NPH).

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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Personal Appearance

1. Notarial Acts: “When performing a notarial act, the signer MUST ALWAYS personally appear in front of the notary public “The main rule in every in-person notarial act is that the person whose signature, oath, or acknowledgment is being notarized MUST personally appear before the notary at the time the notarization notarial act takes place” (NPH).
   Remote Notarial Acts: A South Dakota notarial officer, while located in South Dakota, may “A notary should never notarize a signature not made in the notary's presence when notarizing in-person documents! This is the most important rule to protect a notary from legal liability” (website, “Eight Important Concepts”).

2. Remote Notarial Acts: A South Dakota notarial officer, while located in South Dakota, may perform a notarial act executed on a tangible document or 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 certain requirements, as specified, are followed (See “Remote Notarial Acts, below).

3. Notarial Acts by Phone: “Don’t …[a]ttempt to take an acknowledgement or administer an oath over the telephone or without the individual being present” telephone….” (website, “Dos and Don’ts).
   “A notary should never notarize a signature not made in the notary’s presence! This is the most important rule to protect a notary from legal liability” (website, “Eight Important Concepts”).

Identification

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

      1. Acceptable IDs: “Acceptable identification documents are

      government‐issued

      1. 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”

      1. D” (NPH).

      2. Fake IDs: “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 way… 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

   1. Paper Records: In South Dakota

   .

   1. , a Notary may only identify remotely located individuals for a remote notarial act on a tangible (paper) record through the Notary’s personal knowledge of the remotely located individual (SDCL 18-1-11.1).

Copy Certifications

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1. 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 … [h]as personal knowledge, by means of two different methods of identity proofing, that the person has the identity being claimed” (SDCL 18-1-11.2[1]).

Copy Certifications

1. Paper or Electronic Copies: South Dakota Notaries do not have the authority to certify copies. The “Notary Public Handbook” states that a Notary “may choose to have an individual certify the validity of a copy of a document and notarize that person’s signature.” The “Handbook” provides a certificate form for this type of notarization (see “Certificate of Notarial Act,” below).

Incomplete Documents

“Don’t …[n]otarize a blank or incomplete document” (NPH and website, “Dos and Don’ts”).

Willingness and Competence

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1. 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 pursuant to § 18-1-11.6” (SDCL 18-1-11.5)

Incomplete Documents

“Don’t …[n]otarize a blank or incomplete document” (NPH and website, “Dos and Don’ts”).

Willingness and Competence

Requirement: “A notary must not only determine the identity of the signer at the time of the notarial act but must also determine that the signer is indeed capable and willing to sign the document as required. Notaries must apply reasonable care to conclude that the signer is lucid and understands what is happening and is not be being coerced or forced to sign. If there is a question about the signer’s competency and/or willingness, the notary should refuse to perform the notarization or suggest that it be done later if possible” (NPH).

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“A notary is to serve any person who makes a lawful and reasonable request for a notarization” (NPH and website, “Eight Important Concepts”).

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1. Personal: “It is a Class 1 misdemeanor for a person to affix a signature to a document as a notary public when the person has also signed the document as a party to the transaction proceeding” (SDCL 18-1-12.2).
   “Obviously a notary can not appear before himself or take his own affidavit” (website, “Acknowledgements/Affidavits”).
   While a Notary may not notarize for a transaction in which he or she is a principal party, certain other interests in a transaction on the part of the Notary may be allowed (SDCL 18-1-7): “A notary public who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any person or party to any transaction concerning which he is exercising any function of his office as such notary public, may make any certificates, take any acknowledgments, administer any oaths, or do any other official acts as such notary public with the same legal force and effect as if he had no such interest except that he cannot do any of such things in connection with any instrument which shows upon its face that he is a principal party thereto.”

2. Relatives and Close Friends: “While it is not illegal for a notary to take a relative’s affidavit, it is not advisable to do so. If the subject matter is something that would benefit the notary or a relative, it is not considered a good business practice. Still it is not illegal for a notary to witness the signatures of close friends and relatives. There are, however, federal and state courts which do have special rules governing the taking of depositions for use in court” (website, “Acknowledgements/Affidavits”).

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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 (SDCL 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]).

   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

   1. 1. state….” (SDCL 18-1-1.1[4]).

2. 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

   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” (SDCL 18-1-11.2).

   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

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 §§ 18-1-1.1, 18-1-3.1, and 18-1-11.2 to 18-1-11.8, inclusive, 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 §§ 18-1-1.1, 18-1-3.1, and 18-1-11.2 to 18-1-11.8, inclusive” (SDCL 18-1-11.7).

Paper Remote Notarial Acts

“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

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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).

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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” (SDCL 18-1-11.7).

Validity of 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” (SDCL 18-1-11.8).

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1. General Requirement: “An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms prescribed in [SDCL] § § 18-4-12 to 18-4-15, inclusive” (SDCL 18- 4-11).

2. Specific Requirements: The “Notary Public Handbook” lists the five main parts or components of a notarial certificate or “block”:
   1. Venue: “The venue refers to the location where the notarization actually takes place. This is not always the county in which the notary resides or works and may not be the information on their commission. The venue establishes the qualifications and authority of the notary performing the notarial act” (NPH).
   2. Body: “The body includes the main information about the notarial act, including the name of the signer, the date of notarization, and important details about the notarial act itself” (NPH).
   3. Notary’s signature: “The notary’s wet signature must be affixed to every notarial certificate. Every certificate must contain a space for you to sign. You should sign your name EXACTLY as it appears on your notary commission and your seal/stamp” (NPH).
   4. Notary’s seal/stamp: “Placing your seal on a notarial certificate establishes the genuineness of the notarial act” (NPH).
   5. Notary’s date of commission expiration: “The full commission expiration date (day, month, and year) must be written, printed or stamped on the document. The commission expiration date must be the date on the Notary Public Commission certificate issued by the Office of the Secretary of State” (NPH).

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South Dakota has adopted the Uniform Acknowledgment Act — called the Uniform Acknowledgment Law — and its certificates of acknowledgment. In addition, SDCL 18-4-12 through 18-4-15 contains additional acknowledgment certificate forms for a general acknowledgment, and acknowledgment by corporation, attorney in fact, and deputy sheriff. Statute also contains forms for use by military officers, and the Secretary of State has authorized the use of additional certificate forms. These certificate forms appear below.

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“With certificates that are stapled to a document, it is best practice to indicate on the document ‘See notarial certificate attached’ and note on the certificate the type of document that is being attached. This ensures that if they are detached, lost, or deliberately removed there is an indication that something is missing, and a . A notarial certificate cannot be removed from one document and stapled to another” (NPH).

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1. Notarial Acts

   1. Inked Stamp or Embosser: “A seal may be a rubber stamp or a physical device capable of affixing to or embossing on a tangible document” (SDCL 18-1-3.1).
      “There are two types of seals that are generally available for purchase – the raised, embossing seal or the rubber stamp. Either type is acceptable as a notary seal” (NPH).
      “If a rubber stamp is used the word ‘Seal’ must be included on the stamp” (website, “About the Notary Seal”).

   2. Border: A border must surround the imprinted words of the seal (SDCL 18-1-3.1).

   3. Shape/Size:Not specified.

   4. Components: The seal must contain at least the following components, surrounded in all cases by a border (SDCL 18-1-3.1):

      1. Name of Notary;

      2. “South Dakota”

      3. “Notary Public”;“South Dakota”;

      4. For rubber stamps and electronic seals: “Seal”.
         The words “My Commission Expires (date)” may not be placed inside the border of the seal but may appear outside of the border (NPH and website, “About the Notary Seal”).

   5. In-Person Electronic Notarial Acts: Electronic seals used for an in-person electronic notarial act must contain the words required in a physical Notary Public seal within the surrounding border (SDCL 18-1-3.1).

   6. Remote Notarial Acts: Electronic seals used for a remote notarial act must contain the words required in a physical Notary Public seal within the surrounding border (SDCL 18-1-3.1).

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The below typical, actual-size examples of official Notary stamping devices seals and electronic Notary seals seal (shaded) which are allowed by South Dakota law. Formats other than these may also be permitted.

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Commission Expiration Date

1. Requirement: “A notarial officer shall indicate the date on which the notarial officer's commission expires below the seal under this section” (SDCL 18-1-3.1).

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1. Additionally, “if the words are printed on the form [that is notarized], the notary need not duplicate them” (website, “About the Notary Seal”).

2. Stamped Commission Expiration Date: “A Notary Public may choose to purchase

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1. a

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1. separate ‘My Commission Expires’ date stamp…” (NPH).

The commission expiration date must be in the form of month, day and year.

1. Placement Outside Seal: “The words, ‘My Commission Expires (date)’ are NOT to be inside the border of the seal, but may be placed outside of the border

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1. (website, “About the Notary Seal”).

Filing of Seal

“Every notary public before entering upon the duties of his office, shall provide an official seal and file an impression of the same, together with his oath and bond, in the office of the secretary of state” (SDCL 18-1-3).

“The official notary seal imprint on your Application, Oath and Bond is the ONLY seal imprint to be used when notarizing documents. If you find it necessary to have a different would like to use an additional type of notary seal or need to update your seal, you must FIRST submit a Notary Change Request Form with an imprint of the new seal to our office before using a different notary seal” (NPH).

Because a seal imprint is required on the commission application form, an applicant must purchase a Notary seal before being commissioned (website, “Becoming a Notary Public”).

Using a “Notary Public Request to Change Record” formForm,” a Notary may replace a current seal or add and use a second seal along with the current one. The form is obtained from and filed with the Secretary of State; it may be downloaded from the Secretary’s website.

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“If a notary’s seal is lost or stolen, report the loss or theft immediately to the Office of the Secretary of State so that a notation can be made on the notary’s record. There are a couple of steps available to a notary whose seal has been lost or stolen:
“• The notary may continue to use their notary commission and have a new seal made. The seal can be identical to the original or it may be a different type or altered slightly. The new seal impression would have to be recorded with the Office of the Secretary of State before the notary can begin using it. To record your new seal, please complete a Notary Change Request Form.
“• The notary may request that the Secretary of State cancel their present notary commission and ask that a new commission with a different expiration date be issued. The notary would have to follow the
notary public application procedure” (NPH)procedure to re-apply.
“The “• The notary may also wish to change the name on their notary commission and seal. (Example: Elizabeth B. Jackson could be changed to Elizabeth Jackson or E.B. Jackson or Liz B. Jackson). The new impression of the notary's seal would have to correspond exactly to the way the name is signed and recorded with the Office of the Secretary of State. To record the updated name and new seal, please complete a Notary Change Request Form” (NPH).

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“The notary journal or register serves as an excellent form of legal protection for the notary for two important reasons:
“1. If a notarization certificate is lost or damaged, a notary can refer to the journal entry to verify [its] prior existence and purpose.
“2. If a notary is called upon to testify in a legal proceeding about a notarization, the journal provides the ideal reminder of the facts and circumstances” (NPH and website, “Notary Procedures”).

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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” (SDCL 18-1-11.3).

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” (SDCL 18-1-11.3).

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

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“A notary public may charge and receive a fee not to exceed ten dollars for each instrument notarized, except that no notary public may charge a fee for notarizing a request for an absentee ballot” (SDCL 18118-1- 9).

“This fee is applicable for each instrument notarized” (NPH).

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Authenticating certificates for Notaries, including apostilles, are issued only by the South Dakota Secretary of State’s office.

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

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

3. Phone: 1-605-773-2797

4. Email: apostille@state.sd.gov

Procedure

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(website, “Apostilles & Authentications”):

1. Mailed Requests

   1. Original Document: Original documents must have a complete certification and/or notarization

   2. Mail Documents: Original documents must be mailed by physical mail.

   3. Request Form: Completion of an “Apostille/Authentication Request Form” is required that contains the name of the country to which the Apostille/authentication is being sent and contact information in case there are questions with the request.

   4. Return Instructions: Instructions on where the documents should be mailed after processing. The usual method is by USPS mail, but requesters may specify a different delivery service if they enclose 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 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 & Authentications”).
   Expedited service appointments may be made.

   1. for that service. DHL may not be used.

   2. Fee: The fee for the service (see “Fees,” below).

2. Drop-off and Pick-Up Requests

   1. Requirements: All the requirements under “Mailed Requests,” above except for iv.

   2. Pick Up: The office will notify requesters within 1-2 business days by phone when their documents are ready to be picked up.

   3. Mailed if not Picked Up: Documents that cannot be picked up will be mailed by USPS mail.

3. In-Person Requests

   1. For Expedited Requests: In-person requests are for expedited requests only.

   2. Appointment Required: In-person requests are by appointment only; walk-ins are not allowed.

   3. Requirements: All the requirements under “Mailed Requests,” above except for iv.

   4. Limitation: 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” (website, “Apostilles & Authentications”)

   1. is imposed.

   2. Same Day: Documents are usually processed while waiting, but if there is a delay the requester will be asked to pick up the documents when they are ready.

4. Fees

   1. Standard Fee: $25 per document 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. Expedited Fee: An additional $50 may be charged for in-person (expedited) requests.

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