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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in South Dakota?

No, a notary public in the State of South Dakota is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of South Dakota and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations. 

Recommended best practices for notary journals

Although the State of South Dakota does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.

 

The following pieces of information are considered “best practice” to collect in a notary journal

  1. Date and time of each notarial act

  2. A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment) 

  3. The printed full name, signature and address of each person for whom a notarial act is performed.

  4. A description of the identification document, its serial or identification number and its date of issuance or expiration

  5. The fee charged for the notarial service

 

It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code. 

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of South Dakota?

No, notaries in the State of South Dakota are not authorized to perform remote online notarizations.

Remote Ink Notarizations

Is Remote Ink Notarization approved in the State of South Dakota?

  1. Yes, House Bill 1272 was signed and took effect July 1, 2019. Under the new law, Notaries can perform remote notarizations for paper documents and only for signers they personally know.

Requirements to perform remote ink notarizations in South Dakota

"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."

(SL 2019, ch 100, § 2; SL 2021, ch 89, § 2.)

Reference Links

Helpful resources for South Dakota Notaries

  1. South Dakota Notary Law

  2. South Dakota Notary Handbook

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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