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CHAPTER 18-5

UNIFORM ACKNOWLEDGMENT LAW

18-5-1      Acknowledgment permitted under chapter or other law.
18-5-2      Officers permitted to take acknowledgment within state.
18-5-3      Officers permitted to take acknowledgment within United States.
18-5-4      Officers permitted to take acknowledgment in foreign country.
18-5-5      Identity of person making acknowledgment to be known or proved to officer.
18-5-6      Acknowledgment by married person.
18-5-7      Officer taking acknowledgment to endorse or attach certificate.
18-5-8      Form of certificate of acknowledgment by individual.
18-5-9      Form of certificate of corporate acknowledgment.
18-5-10      Form of certificate of acknowledgment by attorney.
18-5-11      Form of certificate of acknowledgment by public officer or fiduciary.
18-5-12      Form of certificate of acknowledgment by partner.
18-5-13      Signature of certificate by officer--Endorsement and seal--Effect of failure to endorse--Facsimile on fidelity or surety bonds.
18-5-14      Authentication not required.
18-5-15      Acknowledgment recognized if valid where executed.
18-5-16      Prior acknowledgments not affected by chapter.
18-5-17      Uniformity of interpretation of chapter.
18-5-18      Citation of chapter.


     18-5-1.   Acknowledgment permitted under chapter or other law. 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.


     18-5-2.   Officers permitted to take acknowledgment within state. 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; SL 1979, ch 149, § 3.


     18-5-3.   Officers permitted to take acknowledgment within United States. 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 deputy clerk of any federal court;
             (2)      A clerk or deputy clerk of any court of record of any state or other jurisdiction;
             (3)      A notary public;
             (4)      A commissioner of deeds.

Source: SL 1941, ch 215, § 3; SDC Supp 1960, § 51.16A03.


     18-5-4.   Officers permitted to take acknowledgment in foreign country. 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 to the country where the acknowledgment is made;
             (2)      A notary public of the country where the acknowledgment is made;
             (3)      A judge or clerk of a court of record of the country where the acknowledgment is made.

Source: SL 1941, ch 215, § 4; SDC Supp 1960, § 51.16A04.


     18-5-5.   Identity of person making acknowledgment to be known or proved to officer. 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.


     18-5-6.   Acknowledgment by married person. 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.


     18-5-7.   Officer taking acknowledgment to endorse or attach certificate. 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.


     18-5-8.   Form of certificate of acknowledgment by individual. 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 ____ subscribed to the within instrument and acknowledged that -- he -- executed the same for the purposes therein contained.
     In witness whereof I hereunto set my hand and official seal.
    ___________________________

___________________________

Title of officer.

Source: SL 1941, ch 215, § 7; SDC Supp 1960, § 51.16A07 (1).


     18-5-9.   Form of certificate of corporate acknowledgment. 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 he, as such ____ being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as ____.
     In witness whereof I hereunto set my hand and official seal.
    ___________________________

___________________________

Title of officer.

Source: SL 1941, ch 215, § 7; SDC Supp 1960, § 51.16A07 (2).


     18-5-10.   Form of certificate of acknowledgment by attorney. 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 is subscribed as attorney in fact for ____, and acknowledged that he executed the same as the act of his principal for the purposes therein contained.
     In witness whereof I hereunto set my hand and official seal.
    ___________________________

___________________________

Title of officer.

Source: SL 1941, ch 215, § 7; SDC Supp 1960, § 51.16A07 (3).


     18-5-11.   Form of certificate of acknowledgment by public officer or fiduciary. 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 undersigned officer, personally appeared ________, of the state, county or city as the case may be of ________, known to me or satisfactorily proven to be the person described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained.
     In witness whereof I hereunto set my hand and official seal.
    ___________________________

___________________________

Title of officer.

Source: SL 1941, ch 215, § 7; SDC Supp 1960, § 51.16A07 (4); SL 1993, ch 213, § 95.


     18-5-12.   Form of certificate of acknowledgment by partner. 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, and that he, as such partner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the partnership by himself as a partner.
     In witness whereof I hereunto set my hand and official seal.
    ___________________________

___________________________

Title of officer.

Source: SL 1957, ch 265; SDC Supp 1960, § 51.16A07 (5).


     18-5-13.   Signature of certificate by officer--Endorsement and seal--Effect of failure to endorse--Facsimile on fidelity or surety bonds. 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 ink, his official seal, if he has one, the title of his office, and if he is a notary public, the date his commission expires. Failure of an acknowledging officer to endorse his name on an instrument as required herein shall not render such instrument invalid, but a recording officer may refuse to accept such instrument for record until such endorsement is made.
     Notwithstanding any provision in this chapter, a facsimile of the original signature and notarization may be used in lieu of an original signature when acknowledging a fidelity or surety bond in a form as required herein.

Source: SL 1941, ch 215, § 8; SL 1959, ch 279; SDC Supp 1960, § 51.16A08; SL 1980, ch 170, § 1.


     18-5-14.   Authentication not required. 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.


     18-5-15.   Acknowledgment recognized if valid where executed. 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 in the District of Columbia, or in the Philippine Islands, verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within this state.

Source: SL 1941, ch 215, § 10; SDC Supp 1960, § 51.16A10.


     18-5-16.   Prior acknowledgments not affected by chapter. 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.


     18-5-17.   Uniformity of interpretation of chapter. 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.


     18-5-18.   Citation of chapter. This chapter may be cited as the Uniform Acknowledgment Act.

Source: SL 1941, ch 215, § 13; SDC Supp 1960, § 51.16A13.


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