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Last Update:

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September 10, 2024

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

2. Phone: 605-773-3537

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

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1. Notarial Acts: South Dakota Notaries are authorized to perform the following notarial acts (SDCL 18-1-1.1[4]):

   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: 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.

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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

   1. Identification: “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,

   1. instrument” (SDCL 18-4-10; see also SDCL 18-5-5).

   2. Representative Capacity: “The acknowledgment of an instrument must not be taken unless … 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

   1. “When completing a notarial certificate that is being signed in a representative capacity, 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

   1. 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).

   2. Other Requirements: “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).

5. 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”).

6. 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).

7. 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.”

Oaths and Affirmations

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

Signature Witnessings

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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STANDARDS OF PRACTICE

Personal Appearance

1. Notarial Acts: “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 notarial act takes place” (NPH).
   “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 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….” (website, “Dos and Don’ts).

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 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 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… 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, 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).

   2. 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).

2. 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 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).

“A notarization provides verification of a document signer’s willingness to sign, his competence to sign, and that the signer is, indeed, the person identified by the signature” (website, “Eight Important Concepts”).

Signature by Mark

“‘Signature or subscription’ includes mark, if the person cannot write, the person’s name being written near such mark, and written by a person who writes the person’s own name as a witness” (SDCL 2-14-2[25]).

Lawful and Reasonable Requests

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

Disqualifying Interest

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”).

Unauthorized Practice of Law

“Don’t [a]ttempt to draft legal documents for your clients” (NPH and website, “Dos and Don’ts”).

“As ministerial officials, notaries do not have the authority to determine the appropriate type of notarization to perform. If the document does not contain information and the signer cannot indicate what type of notarial act is required, you must not proceed with notarization until that information can be provided” (NPH).

Pre-Signed Document

“Don’t …[n]otarize a document that has already been signed” (NPH and website, “Dos and Don’ts”).

Posting Commission

“The secretary of state shall issue a commission to each notary public which shall be posted in a conspicuous place in the notary’s office for public inspection” (SDCL 18-1-4).

Purpose of Notarization

“In a nutshell, a notary public acts as an impartial witness to ensure that the act of attestation is executed legally, securely and ethically. A notary public DOES NOT “legalize” or “certify” documents or verify the accuracy or truthfulness of the content contained within a document” (NPH).

“Stamp and Sign”

“Simply affixing a notary seal and signing the document DOES NOT constitute a proper notarization in the State of South Dakota” (NPH).

Concluding Notarial Act

The “Notary Public Handbook” provides a checklist of four questions a Notary should ask before concluding a notarial act:

1. Is the main body of the document complete with no blank spaces?

2. Is the notarial certificate complete with no blank spaces?

3. Have I proofread the notarial certificate to make sure it is correct?

4. Is my signature, seal, and commission information correct and legible?

In-Person Electronic Notarial Acts

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….” (SDCL 18-1-1.1[4]).

2. Technology Systems

   1. Approval of Technology Systems: Not required.

   2. Listing of Providers: Not provided.

Remote Notarial Acts

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: “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 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.”

Oaths and Affirmations

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

Signature Witnessings

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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STANDARDS OF PRACTICE

Personal Appearance

1. Notarial Acts: “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 notarial act takes place” (NPH).
   “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 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….” (website, “Dos and Don’ts).

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[7]).

   2. ID Documents

      1. Acceptable IDs: “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 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… 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, 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).

   2. 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).

2. 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 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).

“A notarization provides verification of a document signer’s willingness to sign, his competence to sign, and that the signer is, indeed, the person identified by the signature” (website, “Eight Important Concepts”).

Signature by Mark

“‘Signature or subscription’ includes mark, if the person cannot write, the person’s name being written near such mark, and written by a person who writes the person’s own name as a witness” (SDCL 2-14-2[25]).

Lawful and Reasonable Requests

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

Disqualifying Interest

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”).

Unauthorized Practice of Law

“Don’t [a]ttempt to draft legal documents for your clients” (NPH and website, “Dos and Don’ts”).

“As ministerial officials, notaries do not have the authority to determine the appropriate type of notarization to perform. If the document does not contain information and the signer cannot indicate what type of notarial act is required, you must not proceed with notarization until that information can be provided” (NPH).

Pre-Signed Document

“Don’t …[n]otarize a document that has already been signed” (NPH and website, “Dos and Don’ts”).

Posting Commission

“The secretary of state shall issue a commission to each notary public which shall be posted in a conspicuous place in the notary’s office for public inspection” (SDCL 18-1-4).

Purpose of Notarization

“In a nutshell, a notary public acts as an impartial witness to ensure that the act of attestation is executed legally, securely and ethically. A notary public DOES NOT “legalize” or “certify” documents or verify the accuracy or truthfulness of the content contained within a document” (NPH).

“Stamp and Sign”

“Simply affixing a notary seal and signing the document DOES NOT constitute a proper notarization in the State of South Dakota” (NPH).

Concluding Notarial Act

The “Notary Public Handbook” provides a checklist of four questions a Notary should ask before concluding a notarial act:

1. Is the main body of the document complete with no blank spaces?

2. Is the notarial certificate complete with no blank spaces?

3. Have I proofread the notarial certificate to make sure it is correct?

4. Is my signature, seal, and commission information correct and legible?

In-Person Electronic Notarial Acts

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 18-1-11.1[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….” (SDCL 18-1-1.1[4]).

2. Technology Systems

   1. Approval of Technology Systems: Not required.

   2. Listing of Providers: Not provided.

Remote Notarial Acts

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: “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).

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,

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if the notarial officer:
“(

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1) Has personal knowledge of the

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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 §§ 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 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 observed appearing by the notarial officer through means of video communication technology, if the notarial officer:; and
“(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 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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South Dakota has adopted the Uniform Acknowledgment Act — called the Uniform Acknowledgment Law — certificates of acknowledgment. In addition, SDCL 18-4-12 through 18-4-15 contains additional acknowledgment certificate forms for a general acknowledgment, and 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.

The Notary’s seal, signature, title, commission expiration date and legibly typed, stamped or printed name must be added to each certificate prescribed by the Law (SDCL 18-5-13).

General Acknowledgment (SDCL 18-4-12)

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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.

The Notary’s seal, signature, title, commission expiration date and legibly typed, stamped or printed name must be added to each certificate prescribed by the Law (SDCL 18-5-13).

“No authentication of the officer’s certificate of acknowledgment … shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form …”: 

“No authentication of the officer’s certificate of acknowledgment … shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form …”: 

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“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 would like to use an additional type of 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 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 Change Form,” 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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“The certificate of the acknowledging officer shall be completed by his signature and immediately following his signature and immediately preceding his official description, he shall endorse thereon his name with a typewriter or print the same legibly with a stamp or with pen and ink, his official seal, if he has one, the title of his office, and if he is a notary public, the date his commission expires. Failure of an acknowledging officer to endorse his name on an instrument as required herein shall not render such instrument invalid, but a recording officer may refuse to accept such instrument for record until such endorsement is made” (SDCL 18-5-13).

Facsimile of Signature, Notarization

1. “Notwithstanding any provision in this chapter, a facsimile of the original signature and notarization may be used in lieu of an original signature when acknowledging a fidelity or surety bond in a form as required herein” (SCCL 18-5-13).

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RECORDS OF NOTARIAL ACTS

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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).

Records Retention

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 (SDCL 18.1-11.3).

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FEES FOR NOTARIAL ACTS

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Recording Requirements

1. Original Signatures: Unless “Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' deeds’ records as provided in this section or other applicable law must contain the original signatures of the parties who execute the document and, if required to be acknowledged or further proven, original signatures of the notary public, witnesses, or other officer taking an acknowledgment. Any financing statement filed and recorded pursuant to chapter 57A-9 is not required to contain the signature of the debtor or the secured party or an acknowledgment” (SDCL 7-9-7.4).

   1. Exception: “No original signature is required for any document to be recorded or filed in the register of deeds' deeds’ records if the document:
      “(1) Is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law;
      “(2) Contains electronic signatures executed and notarized in accordance with the requirements of section 4 of this Act and is recorded electronically pursuant to [SDCL] chapter 7-9A; or
      “(3) Is a printed copy of an electronic record containing electronic signatures executed and notarized in accordance with the requirements of section 4 of this Act and a certificate acknowledging the authenticity of the copy…” copy pursuant to section 7 of this Act” (SDCL 7-9-7.4).

2. Acknowledgment or Proof: “Before an instrument can be recorded, unless it belongs to one of the classes specified in [SDCL] § 43-28-2 or unless its record has been authorized by the judgment or order of a court of competent jurisdiction, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its authorized officer or it must be proved as provided by [SDCL] § 18-4- 18 or as provided by [SDCL] §§ 18-4-19 and 18-4-20 and such acknowledgment or proof must be certified as required in chapter 18-4” (SDCL 43-28-8).

3. Document Formatting: “Any real estate document recorded with the register of deeds, except for plats, shall:
   “(1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document;
   “(2) Be printed, typewritten, or computer-generated in black ink and the print type of the document may not be smaller than 10-point type. However, dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items that are completed in blue ink are sufficiently dark to meet the requirements of subdivision (6);
   “(3) Be on white paper of not less than twenty-pound weight;
   “(4) Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to [SDCL] § 7-9-1 and may include other document information. All other margins shall be a minimum of one inch;
   “(5) Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section; and
   “(6) Be sufficiently legible to reproduce a readable copy using the register of deed’s current method of reproduction.
   “Any document that does not conform to the requirements of subdivisions (1) to (5), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.
   “The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002” (SDCL 43-28-23).

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