20:36:04:01. General requirements for books, records, and indexes. Before any person is entitled to a certificate of registration to engage in abstracting under the laws of this state, the person shall have an approved abstract plant containing the following:
(1) A complete index showing every instrument recorded in the register of deeds office in the county in which the person proposes to operate, properly listed against the specific property which it affects; a separate miscellaneous index showing all recorded instruments which do not affect specific property; a general index showing all county aid, state, and federal tax liens as recorded in the Register of Deeds Office in the county in which the person proposes to operate; and all unsatisfied judgments as filed with the South Dakota Unified Judicial System in the county in which the person proposes to operate. Each index may be compiled on cards, in bound books, in electronic form, or a loose leaf form, but must be made from an actual check of each page of each book of recorded instruments in said office, and in no case will a copy or film of the numerical index in the office of the Register of Deeds be accepted;
(2) If a numerical index is used showing only the book and page of each instrument, the index must be supplemented by a take-off of each instrument properly arranged in the abstract plant so it can be located from the person's numerical index. Such take-off shall be sufficiently complete to show all essential parts of each instrument, such names, dates, descriptions, acknowledgments, filings, and any special or unusual recitals, covenants, warranties, exceptions, or reservations. Such take-off may be made on cards on loose leaf form or in bound books or film or any other archivable form as approved by the board;
(3) If the form of index is a card, a loose leaf sheet, an electronic form, or the page of a bound book showing all instruments affecting a particular piece of farm land, or town lot or block, then such index must be in such form as to show all names, dates, acknowledgments, seals, and filings, and indicating any special or unusual recitals in each instrument.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
20:36:04:01.01. Penalty for failure to comply with § 20:36:04:01. Failing to comply with § 20:36:04:01 shall result in the suspension or denial of a certificate of registration until such time as compliance is demonstrated.
Source: 7 SDR 72, effective February 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.1(7).
Law Implemented: SDCL 36-13-10.
