South Dakota - U.S. Notary Reference

Last Update: January 9, 2024

Notary Jurisdiction

Statewide (SDCL 18-1-1).

Notary Term Length

Six years (SDCL 18-1-1).

Notary Bond

$5,000 (SDCL 18-1-2).

Notary Seal

Required (SDCL 18-1-3 and 18-1-3.1).

Notary Journal

Not required.

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Commissioning Official

The South Dakota Secretary of State appoints, commissions, and maintains records on the state’s Notaries (SDCL 18-1-1 and 18-1-4).

Contact Information

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

2. Phone: 605-773-5007

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

Laws, Rules, and Guidelines

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 2023), published by the Secretary of State and available on the website.

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Commission Process

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

2. Course: Not required.

3. Exam: Not required.

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

5. Background Screening: Not required.

6. Non-Residents: A non-resident may become 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

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”).

Jurisdiction

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

“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 commissioned. 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 Surety Bond issued by an insurance company OR an individual personal surety” (NPH).

2. 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).

3. Personal Surety: “If the applicant chooses to use 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 05:04:03:01).

Changes of Status

1. Address Change: Notaries are asked to notify the Secretary of State of any change of address (website, “What If I Move?”). A “Notary Public Request to Change Record” form may be downloaded from the Secretary’s website (see also SDAR 05:04:03:04).

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 purchase a new seal and place the imprint on the form. After this has been submitted to the Secretary of State, a Notary Public Name Change Certificate will be issued without any additional filing fee” (website, “What If My Name Changes?”; see also SDAR 05:04:03:04).

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Authorized Acts

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. Remote Notarial Acts: All South Dakota Notaries may perform remote notarial acts by virtue of their Notary Public commissions.

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

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

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

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

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

Proofs

1. Requirements: “If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness” (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 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”).

Verifications

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

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

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).

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 at the time the notarization takes place” (NPH).

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

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

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

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

Copy Certifications

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

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 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” (NPH and 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).

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

3. Technology Systems

   1. Approval of Technology Systems: Not required.

   2. Listing of Providers: Not provided.

Remote Notarial Acts

1. Applicable Law: South Dakota Codified Laws 18-1-1.1, 18-1-11.1. 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. Authority to Perform Remote Notarial Acts

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

   2. Electronic Records: “South Dakota enacted remote notarization in limited circumstances in 2019. However, full remote online notarization is not authorized under current state law, and electronic signatures/ notarization are not acceptable at this time” (NPH).
      “Basically, the only type of remote notarization that is allowable is for a South Dakota notary public to physically mail the document to an individual they know personally, witness them notarize via skype or other communication technology, and then the individual would mail the document back to the notary public to affix the notarization. Both signatures must be original on the document” (NPH).

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Certificate Requirement

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).

Certificate Forms

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.

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 …”: 

Remote Notarial Certificate

A Notary must complete a notarial certificate for a remote notarization in substantially the form provided in SDCL 18-4-29. See “Certificate Forms,” above.

Content of Certificate of Proof

“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” (SDCL 18-4-22).

False Certification

“If any officer authorized to take the acknowledgment or proof of any conveyance of real property or of any other instrument which by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto or was proved by any subscribing witness, when in truth such conveyance or instrument was not proved as certified, he is guilty of forgery” (SDCL 18-4-25).

Attached Certificate Forms

“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 notarial certificate cannot be removed from one document and stapled to another” (NPH).

Correcting Certificates

“If an error is made while completing a notarial certificate, the notary may make the correction before handing the document over to the customer. These changes should always be initialed and dated by the notary. Handwritten corrections cannot be made to the impression of the notary seal/stamp. If the impression is not correct or illegible, a new impression must be made” (NPH).

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Seal Requirement

1. Notarial Acts: Required.
   “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; see also SDCL 18-1-3.1 and NPH).

2. Remote Notarial Acts: Required (SDCL 18-1-3; see also SDCL 18-1-3.1).

3. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal does not have to accompany an electronic signature” (SDCL 7-9A-2).

Seal Format

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. “Notary Public”;

      3. “South Dakota”;

      4. FOR RUBBER STAMPS: “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. Remote Notarial Acts: Not explicitly prescribed.

Examples

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

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Commission Expiration Date

“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).

“A Notary Public may choose to purchase (a) ‘My Commission Expires’ date stamp…” (NPH).

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

“The words, ‘My Commission Expires (date)’ are NOT to be inside the border of the seal, but may be placed outside of the border (website, “About the Notary Seal”).

Additionally, “if the words are printed on the form [that is notarized], the notary need not duplicate them” (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 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” 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.

Legibility of Seal

“The notary seal must be able to make a completely legible imprint EVERY TIME a notarial act is performed. If the seal is no longer legible, you are required to obtain a new seal and submit a Notary Change Request Form with an imprint of the new seal to the Secretary of State’s Office” (NPH).

Lost or Stolen Seal

“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).

“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).

Security of Seal

“Keep your official seal or stamp in a safe and secure location” (NPH and website, “Dos and Don’ts”).

“Don’t … [p]ermit others to use your official seal or stamp” (NPH and website, “Dos and Don’ts”).

Title and Legibly Printed Name

“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).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Journal of Remote Notarial Acts: Not required.

2. Recording of Remote Notarial Acts: Not required.

Journal Recommendation

“While South Dakota law no longer requires a register be kept by a notary, it would certainly be to the advantage of the notary to do so. Most lawsuits against notaries could be avoided if the notary kept a record” (website, “Notary Procedures”).

“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 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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Maximum Fees

“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 181- 9).

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

Certain Oaths

“No fee for the administering of oaths shall be charged or taxed as costs against any person by any official authorized to administer oaths when the oath so administered is in connection with some official duty of said officer essential to the administration of his office” (SDCL 18-3-6).

Absentee Ballots

“Fees CANNOT be collected for the notarization of a request for an absentee ballot” (NPH).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of South Dakota.

Recording Requirements

1. 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).

2. 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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Notarial Acts in South Dakota

1. Acknowledgments and Proofs: “The acknowledgment of any instrument may be made in this state before:
   “(1) A judge of the circuit court;
   “(2) A clerk or deputy clerk of the circuit court; “(3) A register of deeds;
   “(4) A notary public; or
   “(5) A magistrate:” (SDCL 18-5-2).
   “The proof or acknowledgment of an instrument may be made anywhere in this state before a judge of the circuit court, a clerk of the circuit court, a magistrate of the circuit court, or a United States magistrate. Within a county or municipality for which the officer was elected or appointed, the proof or acknowledgment of an instrument may be made before a county auditor, a register of deeds, a mayor, or a municipal finance officer” (SDCL 18-4-2).
   If a county magistrate’s act of proof or acknowledgment is to be used outside the magistrate’s county, it must be authenticated by the county clerk of courts (SDCL 18-4-24).

2. Oaths and Affirmations: “The following officers are authorized to administer oaths:
   “(1) Supreme Court justices, circuit judges, magistrates, notaries public, the clerk and deputy clerk of the Supreme Court, and clerks and deputy clerks of the circuit court, within the state, and federal judges and federal magistrates;
   “(2) Members of the Legislature, while acting as a member of any committee thereof, while examining persons before such committee;
   “(3) The county auditor, the county treasurer, the register of deeds, and the deputy of each, within their respective county;
   “(4) Mayors, city auditors, deputy city auditors, town and township clerks, within their respective municipalities, and townships;
   “(5) Sheriffs and deputies if authorized by law to select commissioners or appraisers, or to impanel juries for the view or appraisement of property, or are directed as an official duty to have property appraised, or take the answer of garnishees;
   “(6) Conservation officers for the purposes of taking a written statement pursuant to [SDCL] § 23A- 2-1 for any offense of Title 41; and
   “(7) Other officers in cases specifically provided by law” (SDCL 18-3-1).

Acknowledgments and Proofs in U.S. State or Jurisdiction

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

Acknowledgments and Proofs in Native American Lands

“Indian agents or superintendents are authorized to take acknowledgments or proofs of deeds or other instruments in writing, in Indian country … To qualify for taking such acknowledgments or proofs, such Indian agent or superintendent shall file for record in the office of the register of deeds of the county in which he is stationed … a certificate signed by the secretary of the interior of the United States showing his appointment and authority as such Indian agent or superintendent” (SDCL 18-4-3).

Acknowledgments and Proofs in Foreign Country

“The proof or acknowledgment of an instrument may be made without the United States, before either:
“(1) An ambassador, a minister, commissioner, or charge d’affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made;
“(2) A consul, vice-consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made;
“(3) A judge, clerk, register, or commissioner of a court of record of the country where the proof or acknowledgment is made;
“(4) A notary public of such country;
“(5) An officer authorized by the laws of the country where the proof of acknowledgment is taken to take proof or acknowledgment; or
“(6) When any of the officers mentioned in this chapter are authorized to appoint a deputy, the acknowledgment or proof may be taken before such deputy.
“All proofs or acknowledgments heretofore taken according to the provisions of this section are hereby declared to be sufficiently authenticated and to be entitled to record, and any such record hereafter made shall be notice of the contents of the instrument so recorded” (SDCL 18-4-5).

Acknowledgments by Military Officers

“In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by the laws of South Dakota, any person serving in or with the armed forces of the United States may acknowledge the execution of an instrument, wherever located, before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force, or Marine Corps, or ensign or higher in the Navy or United States Coast Guard. The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment” (SDCL 18-4-6).

Authentication of Certificate of Acknowledgment or Proof

“Officers taking and certifying acknowledgments or proof of instruments for record must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also their seals of office, if by the laws of the state, territory, or country where the acknowledgment or proof is taken or by authority of which they are acting, they are required to have official seals. Judges and clerks of courts of record must authenticate their certificates as aforesaid by affixing thereto the seal of the proper court; and mayors of first and second class municipalities, by the seal thereof” (SDCL 18-4-23).

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Secretary of State

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

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

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

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

4. Phone: 1-605-773-2797

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

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