Title 18, OATHS AND ACKNOWLEDGMENTS

The secretary of state shall appoint notaries public, who have residence in this state as defined in § 12-1-4 . A notary public shall hold office for six years unless sooner removed by the secretary of state. An applicant to become a notary public shall complete an application fo…

Terms in this chapter mean: (1) "Acknowledgment," 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…

Full faith and credit shall be given to all the protestations, attestations, and other instruments of publication, of all notaries public now in office or hereafter to be appointed under the provisions of this chapter. Source: SL 1862, ch 62 , § 11; PolC 1877, ch 17, § 11; CL 188…

A person is guilty of a Class 2 misdemeanor if the person is a notarial officer who affixes the person's official signature to any document when the parties to the transaction memorialized in the document have not appeared before the person either in-person or in accordance with …

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…

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 …

A notarial officer must retain an electronic audio-visual copy of each notarial act involving the use of a tamper-evident notarization system for ten years from the date of the performance. Upon suspension or revocation of a notarial officer's commission, or upon death or incapac…

A notarial officer, prior to performing notarial acts with respect to electronic records, must select at least one tamper-evident electronic notarization system with which to place the signature and official seal of the notarial officer on electronic records. A person may not req…

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 certif…

The certificate authenticating a printed electronic record under § 18-1-11.5 must be substantially in the following form: I, ______________, a notary public, certify that the attached document is an accurate copy of the original electronic record upon which my electronic signatur…

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 communica…

The failure of a notarial officer to perform a duty or meet a requirement specified by law does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transactio…

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. Source: SL 1887, ch 116 , § 1; CL 1887, § 508; RPolC 1903, § 747; RC 1919, § 5248; SDC 1939 & Supp 1960, § 32.1313; …

A person is guilty of a Class 1 misdemeanor if the person performs a notarial act on any document without first obtaining a commission from the secretary of state under § 18-1-4 . Source: SL 1997, ch 120 , § 5; SL 2019, ch 100 , § 6.

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. Source: SL 1997, ch 120 , § 6.

Any notary public who is convicted of committing an act which is designated as a misdemeanor in this chapter or any felony shall be removed from office by the secretary of state. Source: SDC 1939, §§ 13.1254, 32.1313; SDC Supp 1960, § 32.1313; SL 1979, ch 153 , § 7; SL 1997, ch 1…

Should the commission of any notary public be revoked, the secretary of state shall immediately notify such person by mail. Source: PolC 1877, ch 17, § 10; CL 1887, § 506; RPolC 1903, § 745; RC 1919, § 5246; SDC 1939 & Supp 1960, § 32.1306; SL 1974, ch 55 , § 24.

Each notary public, before performing the duties of the office, shall take an oath as required by § 3-1-5 . Source: SL 1862, ch 62 , § 2; PolC 1877, ch 17, § 2; CL 1887, § 496; RPolC 1903, § 735; RC 1919, § 5236; SDC 1939 & Supp 1960, § 32.1303; SL 1974, ch 55 , § 23; SL 1997, ch…

Each notary public, before entering upon the duties of the office, shall obtain an official seal and file an impression of the same, together with the oath described in § 18-1-2 , in the Office of the Secretary of State. Source: SL 1862, ch 62 , § 8; PolC 1877, ch 17, § 8; CL 188…

A notarial officer must have an official seal to be used for the purpose of acknowledging a document. The seal must be a type approved by the secretary of state and must contain at least: (1) The notarial officer's name; (2) The words "South Dakota"; (3) The words "notary public"…

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. The secretary of state shall keep in his office a record of such appointments and the date of their expiration. Source:…

A person who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any other person or party to a transaction concerning which the person is performing the function of a notary public, may make any certificate, take any ack…

A notary public may charge and receive a fee for each instrument notarized, except that no notary public may charge a fee for notarizing a request for an absentee ballot. Source: SDC 1939 & Supp 1960, § 32.1312; SL 1979, ch 153 , § 4; SL 1997, ch 120 , § 3; SL 2004, ch 143 , § 1;…