TITLE 18
OATHS AND ACKNOWLEDGMENTS
Chapter
01 Notaries Public
02 Commissioners Of South Dakota [Repealed]
03 Administration Of Oaths
04 Acknowledgment And Proof Of Instruments
05 Uniform Acknowledgment Law
06 Uniform Unsworn Foreign Declarations Act
07 Uniform Unsworn Domestic Declarations Act
08 Remote Witnessing Of Legal Instruments
CHAPTER 18-1
NOTARIES PUBLIC
18-1-1 Appointment by secretary of state--Term of office--Application procedure--Authority.
18-1-1.1 Definitions.
18-1-2 Oath and bond of notary.
18-1-3 Seal, oath, and bond filed with secretary of state.
18-1-3.1 Requirements of seal--Expiration date required.
18-1-4 Issuance of commission--Posting--Records maintained by secretary of state.
18-1-5 18-1-5, 18-1-6. Repealed by SL 1974, ch 55, § 50.
18-1-7 Notarial acts of interested person or agent valid if not principal party to instrument.
18-1-8 18-1-8. Repealed by SL 1979, ch 153, § 3.
18-1-9 Fee chargeable by notary.
18-1-10 Faith and credit to notarial acts.
18-1-11 Affixing official signature without appearance by parties as misdemeanor.
18-1-11.1 Notarial act--Video communication technology--Requirements.
18-1-11.2 Notarial act--Remote online notarization--Requirements.
18-1-11.3 Electronic audio-visual copy--Retention requirement.
18-1-11.4 Electronic official seal secured from tampering--Notice to secretary of state.
18-1-11.5 Authenticating printed electronically notarized records.
18-1-11.6 Form--Certificate of authentication--Remote electronic notarization.
18-1-11.7 Promulgation of rules.
18-1-11.8 Validity of notarial acts.
18-1-12 Acting after expiration of term or disqualification as misdemeanor.
18-1-12.1 Performing notarial act without commission as misdemeanor.
18-1-12.2 Party to transaction as notary public prohibited.
18-1-13 Removal of notary from office for violation.
18-1-14 Notice to notary of revocation of commission.
18-1-15 18-1-15 to 18-1-17. Repealed by SL 1974, ch 55, § 50.
18-3-1
Officers authorized to administer oaths.
18-3-2
Affidavits by persons in military service--Oath administered by commissioned
officer.
18-3-3
Form of jurat for affidavit by person in military service.
18-3-4
Persons entitled to use military service provisions.
18-3-5
Affirmation in lieu of oath.
18-3-6
Fee not charged for administration of oath by public officer.
CHAPTER 18-4
ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS
18-4-1 Officers authorized to take proof or acknowledgment within state.
18-4-2 Officers authorized to take proof or acknowledgment within circuit, county, or municipality.
18-4-3 Indian agents authorized to take acknowledgment or proof in Indian country--Recording of certificate of appointment.
18-4-4 18-4-4, 18-4-5. Repealed by SL 2014, ch 106, §§ 6, 7.
18-4-6 Acknowledgment before commissioned officer of armed forces--Place of execution need not be shown.
18-4-7 Authentication of military certificate not required--Form of certificate attached.
18-4-8 Acknowledgments taken by military officers before 1943.
18-4-9 Uniformity of interpretation of military provisions.
18-4-10 Identity of person making acknowledgment to be known or proved to officer.
18-4-11 Certificate of officer taking acknowledgment to be attached.
18-4-12 Form of general certificate of acknowledgment.
18-4-13 Form of certificate of corporate acknowledgment.
18-4-14 Form of certificate of acknowledgment by attorney.
18-4-15 Form of certificate of acknowledgment by deputy sheriff.
18-4-16 Fees chargeable for acknowledgments--Violation as petty offense.
18-4-17 Means of proving instrument not acknowledged.
18-4-18 Proof of instrument by subscribing witness.
18-4-19 Circumstances permitting proof of instrument by handwriting.
18-4-20 Facts to be established for proof by handwriting.
18-4-21 Powers of officers authorized to take proof of instruments.
18-4-22 Contents of certificate of officer taking proof of instrument.
18-4-23 Authentication of certificates of acknowledgment or proof.
18-4-24 Clerk's certificate to accompany proof or acknowledgment taken by magistrate.
18-4-25 False certification of acknowledgment or proof as forgery.
18-4-26 Action in circuit court to prove instrument defectively certified--Judgment entitles instrument to record.
18-4-27 Prior instruments governed by prior law.
18-4-28 Validity of conveyances acknowledged or proved under prior law.
18-4-29 Form--Certificate of acknowledgement--Video communication technology.
18-4-30 Form--Certificate of acknowledgment--Remote electronic notarization.
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.
18-6-1
Short title.
18-6-2
Definitions.
18-6-3
Applicability.
18-6-4
Validity of unsworn declaration.
18-6-5
Required medium.
18-6-6
Form of unsworn declaration.
CHAPTER 18-7
UNIFORM UNSWORN DOMESTIC DECLARATIONS ACT
18-7-1 Short title.
18-7-2 Definitions.
18-7-3 Applicability.
18-7-4 Validity of unsworn declaration.
18-7-4.1 Unsworn declaration--Court filing not notarized.
18-7-5 Required medium.
18-7-6 Form of unsworn declaration.
18-7-7 Uniformity of application and construction.
18-7-8 Relation to Electronic Signatures in Global and National Commerce Act.
