Title 18 — OATHS AND ACKNOWLEDGMENTS

All conveyances of real property made before July 1, 1939, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances…

The certificate of acknowledgment of a document executed under § 18-1-11.1 shall be substantially in the following form: State of South Dakota County of _____ ss On this _____ day of _____, in the year_____, before me, _____ (Notary's Name), the undersigned officer appeared _____…

Indian agents or superintendents are authorized to take acknowledgments or proofs of deeds or other instruments in writing, in Indian country, and acknowledgments or proofs so taken shall have the same force and effect as if taken before a notary public. To qualify for taking suc…

The notarial certificate of a document executed pursuant to § 18-1-11.2 must be substantially in the following form: State of South Dakota County of ________________ ss On this ____ day of ___________, in the year ______, before me, ______________ (notary's name), the undersigned…

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 commis…

No authentication of the officer's certificate of acknowledgment taken pursuant to § 18-4-6 shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form: On this the ____ day of ____, 20__, b…

No acknowledgment taken prior to February 6, 1943, shall be affected by anything contained in §§ 18-4-6 and

Sections 18-4-6 to 18-4-8 , inclusive, shall be so interpreted as to make uniform the laws of those states which enact them. Source: SL 1943, ch 148 , § 3; SDC Supp 1960, § 51.1608-1 (3).

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.

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…

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…

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…

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 …

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.

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…

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.

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.

This chapter may be cited as the Uniform Acknowledgment Act. Source: SL 1941, ch 215 , § 13; SDC Supp 1960, § 51.16A13.

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; …

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…

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…

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.

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.

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.

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…

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…

This chapter may be cited as the Uniform Unsworn Foreign Declarations Act. Source: SL 2012, ch 257 , § 1 (Supreme Court Rule 12-03), eff. July 1, 2012.

In this chapter: (1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. (2) "Law" includes the federal or …

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply t…

(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. (b) This chapter does not apply to: (1) A deposit…

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium. Source: SL 2012, ch 257 , § 5 (Supreme Court Rule 12-03), eff. July 1, 2012.

An unsworn declaration under this chapter must be in substantially the following form: FORM OF UNSWORN DECLARATION I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct, and that I am physically located outside the geographic boun…

This chapter may be cited as the Uniform Unsworn Domestic Declarations Act. Source: SL 2018, ch 128 , § 1.

The terms in this chapter mean: (1) "Boundaries of the United States," the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States; (2) "Law," includes a st…

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within the boundaries of the United States. Source: SL 2018, ch 128 , § 3.

Except as otherwise provided in this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. This chapter does not apply to: (1) A deposition under …

Unless specifically required by statute or court rule, a pleading, motion, affidavit, or other document filed with a court of this state, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other relief, is not required to be notariz…

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium. Source: SL 2018, ch 128 , § 5.

An unsworn declaration under this chapter must be in substantially the following form: FORM OF UNSWORN DECLARATION I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct. Signed on the ___ day of _____, _____, at __________________…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2018, ch 128 , § 7.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of t…

Terms used in this chapter mean: (1) “Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) “Electronic presence,” the relationship of two or more individuals in different locations communicating…

A non-holographic will is validly signed when signed in the electronic presence of the testator by two or more individuals who, in the electronic presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature. Source: SL 2022…

A declaration made pursuant to § 34-12D-2 may be witnessed by two adult individuals in the electronic presence of the declarant. Source: SL 2022, ch 56 , § 3.

A durable power of attorney for health care decisions made pursuant to § 59-7-2.1 is validly signed when the signature is witnessed by two other adult individuals in the electronic presence of the principal. Source: SL 2022, ch 56 , § 4.

An anatomical gift or a refusal to make an anatomical gift of the individual’s body or part thereof pursuant to subdivisions 34-26-52 (b) or 34-26-54 (b) may also be witnessed by two adults, at least one of whom is a disinterested witness, who have signed at the request of the si…

A pre-need cremation authorization made pursuant to § 34-26A-38 may also be witnessed by two witnesses in the electronic presence of the person as authorizing agent. Source: SL 2022, ch 56 , § 6.