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;…

The following officers may 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…

Any affidavit may be made, by any person in the military service of the United States, in the manner and form now provided by the laws of this state, or as provided in this section and § 18-3-3 . Any commissioned officer in the military service of the United States may administer…

The jurat of the officer taking the affidavit pursuant to § 18-3-2 shall be substantially as follows: Subscribed and sworn to before me this ____ day of ____, 20__, by ____ to me well known to be in the military service of the United States, and who stated to me that his home pos…

Persons in the military service of the United States, as used in §§ 18-3-2 and 18-3-3 shall include the following persons and no others: all members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, all officers of the Public Health Service detailed for duty with the A…

Persons conscientiously opposed to swearing may affirm, and shall be subject to the penalties of perjury as in case of swearing. Source: SL 1867-8, ch 23 , § 3; PolC 1877, ch 20, § 2; CL 1887, § 488; RPolC 1903, § 727; RC 1919, § 5252; SDC 1939, § 48.0803.

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. Source:…

The proof or acknowledgment of an instrument may be made at any place within this state before a justice or the clerk of the Supreme Court or a notary public. Source: CivC 1877, § 655; CL 1887, § 3277; RCivC 1903, § 970; SL 1907, ch 3 ; RC 1919, § 575; SDC 1939, § 51.1604.

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, that the person making such acknowledgment is th…

An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms prescribed in §§ 18-4-12 to 18-4-15 , inclusive. Source: CivC 1877, § 666; CL 1887, § 3288; RCivC 1903, § 981; RC 1919, § 587; SDC 1939, § 51.1615…

The certificate of acknowledgment of an instrument unless it is otherwise in this chapter provided must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me personally appeared ____, kno…

The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me ____, personally appeared ____, known to me (or pro…

The certificate of acknowledgment by an attorney in fact must be substantially in the following form: Territory of ____ or State of ____ County of ____ ss On this ____ day of ____, in the year ____, before me personally appeared ____, known to me (or proved to me on the oath of _…

The certificate of acknowledgment by any deputy sheriff of South Dakota must be substantially in the following form: State of South Dakota, County of __________ ss On this __________ day of __________, in the year ______, before me personally appeared ________, known to me (or pr…

Officers authorized by law to take and certify acknowledgment of deeds and other instruments are entitled to charge and receive twenty - five cents each therefor, and for administering oaths and certifying the same, ten cents. A violation of this section is a petty offense. Sourc…

Proof of the execution of an instrument, when not acknowledged, may be made either: (1) By the party executing it, or either of them; (2) By a subscribing witness; or (3) By other witnesses, in cases mentioned in §§ 18-4-19 and 18-4-20 , relating to proof of handwriting. Source: …

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 witne…

The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: (1) When the parties and all the subscribing witnesses are dead; (2) When the parties and all the subscribing witnesse…

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 o…

The evidence taken under § 18-4-19 must satisfactorily prove to the officer the following facts: (1) The existence of one or more of the conditions mentioned therein; (2) That the witness testifying knew the person whose name purports to be subscribed to the instrument as a party…

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 wi…

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 examine…

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 wher…

The certificate of proof or acknowledgment, if made before a magistrate, if used in any county other than that in which the magistrate resides, shall be accompanied by a certificate under the hand and seal of the clerk of courts, setting forth that such magistrate at the time of …

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 …

When the acknowledgment or proof of execution of an instrument is properly made but defectively certified any party interested may have an action in the circuit court to obtain a judgment correcting the certificate. Any person interested under an instrument entitled to be proved …

The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, exce…

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…