Title 18 — OATHS AND ACKNOWLEDGMENTS
8 chapters · 97 sections in this title.
SDCL § 18-5-1 Acknowledgment permitted under chapter or other law
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Any instrument may be acknowledged in the manner and form now provided by the laws of this state, or as provided by this chapter. Source: SL 1941, ch 215 , § 1; SDC Supp 1960, § 51.16A01.
SDCL § 18-5-10 Form of certificate of acknowledgment by attorney
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The form for certificate of acknowledgment by an attorney in fact is as follows: State of ____ County of ____ On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, known to me or satisfactorily proven to be the person whose name i…
SDCL § 18-5-11 Form of certificate of acknowledgment by public officer or fiduciary
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The form for certificate of acknowledgment by any public officer or deputy thereof, or by any trustee, guardian, conservator, or personal representative is as follows: State of ________ County of ________ On this the ________ day of ________, 20____, before me, ________, the unde…
SDCL § 18-5-12 Form of certificate of acknowledgment by partner
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The form for certificate of acknowledgment by a partner is as follows: State of ____ County of ____ On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, who acknowledged himself to be one of the partners of ____, a partnership, a…
SDCL § 18-5-13 Signature of certificate by officer--Endorsement and seal--Effect of failure to endorse--Facsimile on fidelity or surety bonds
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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 …
SDCL § 18-5-14 Authentication not required
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If the acknowledgment is taken within this state or is made without the United States by an officer of the United States no authentication shall be necessary. Source: SL 1941, ch 215 , § 9; SDC Supp 1960, § 51.16A09.
SDCL § 18-5-15 Acknowledgment recognized if valid where executed
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Notwithstanding any provision in this chapter contained the acknowledgment of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or i…
SDCL § 18-5-16 Prior acknowledgments not affected by chapter
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No acknowledgment taken prior to July 1, 1941, shall be affected by anything contained in this chapter. Source: SL 1941, ch 215 , § 11; SDC Supp 1960, § 51.16A11.
SDCL § 18-5-17 Uniformity of interpretation of chapter
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This chapter shall be so interpreted and construed as to make uniform the laws of those states which enact it. Source: SL 1941, ch 215 , § 12; SDC Supp 1960, § 51.16A12.
SDCL § 18-5-18 Citation of chapter
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This chapter may be cited as the Uniform Acknowledgment Act. Source: SL 1941, ch 215 , § 13; SDC Supp 1960, § 51.16A13.
SDCL § 18-5-2 Officers permitted to take acknowledgment within state
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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. Source: SL 1941, ch 215 , § 2; SDC Supp 1960, § 51.16A02; …
SDCL § 18-5-3 Officers permitted to take acknowledgment within United States
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The acknowledgment of any instrument may be made without the state but within the United States or a territory or insular possession of the United States or the District of Columbia or the Philippine Islands and within the jurisdiction of the officer, before: (1) A clerk or deput…
SDCL § 18-5-4 Officers permitted to take acknowledgment in foreign country
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The acknowledgment of any instrument may be made without the United States before: (1) An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice consul, commercial attache, or consular agent of the United States accredited t…
SDCL § 18-5-5 Identity of person making acknowledgment to be known or proved to officer
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The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument. Source: SL 1941, ch 215 , § 5; SDC Supp 1960, § 51.16A05.
SDCL § 18-5-6 Acknowledgment by married person
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An acknowledgment of a married person may be made in the same form as an unmarried person. Source: SL 1941, ch 215 , § 6; SDC Supp 1960, § 51.16A06; SL 1986, ch 27 , § 6.
SDCL § 18-5-7 Officer taking acknowledgment to endorse or attach certificate
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An officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in one of the forms in §§ 18-5-8 to 18-5-12 , inclusive. Source: SL 1941, ch 215 , § 7; SDC Supp 1960, § 51.16A07.
SDCL § 18-5-8 Form of certificate of acknowledgment by individual
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The form for certificate of acknowledgment by individuals is as follows: State of ____ County of ____ On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, known to me or satisfactorily proven to be the person whose name ____ subs…
SDCL § 18-5-9 Form of certificate of corporate acknowledgment
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The form for certificate of acknowledgment by a corporation is as follows: State of ____ County of ____ On this the ____ day of ____, 20__, before me, ____, the undersigned officer, personally appeared ____, who acknowledged himself to be the ____ of ____, a corporation, and that…