18-1-1. Appointment by secretary of state--Term of office--Application procedure--Authority.

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 form as prescribed by the secretary of state pursuant to chapter 1-26. The applicant shall submit a fee of thirty dollars. The application shall include the applicant's name, street, city, state, zip code, county, and date of birth. The applicant shall apply in the same name as that which will appear as the seal imprint. Each notary may, anywhere in this state, administer oaths and perform all other duties required by law. The secretary of state may not appoint as a notary public any person who has been convicted of a felony. The secretary of state may also appoint an applicant as a notary public if the applicant resides in a county bordering South Dakota and the applicant's place of work or business is within the State of South Dakota.

Source: SDC 1939, § 32.1301; SL 1957, ch 176; SL 1979, ch 153, § 1; SL 1997, ch 120, § 1; SL 2003, ch 8, § 6; SL 2008, ch 107, § 1; SL 2009, ch 4, § 6.

18-1-1.1. Definitions.

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, trustee, or other representative of a person other than a natural person;

(b)    A public officer, personal representative, guardian, or other representative in the capacity stated in a document;

(c)    An attorney-in-fact for a natural person; or

(d)    An authorized representative of another person in any other capacity, that the representative signed the document with proper authority and signed it as the act of the person identified in the document;

(2)    "Document" or "record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(3)    "Identity proofing," a process or service by which a third party provides a notarial officer with a reasonable means to verify the identity of an individual by review of personal information from public or proprietary data sources;

(4)    "Notarial act," an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument;

(5)    "Notarial officer," a notary public or other person authorized to perform a notarial act;

(6)    "Official seal," a seal, stamp, or physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record;

(7)    "Personal knowledge," a notarial officer has personal knowledge of the identity of an individual appearing before the officer if:

(a)    The individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. The notarial officer must have known and had regular interactions with the individual for an extended period of time. A mere acquaintance does not amount to personal knowledge for purposes of this definition;

(b)    The notarial officer represents the individual as the individual's attorney, real estate agent, auctioneer, or public accountant, or any combination thereof; or

(c)    The notarial officer can reasonably identify the individual by two different methods of identity proofing.

(8)    "Remotely located person," a person who is not in the physical presence of the notary;

(9)    "Tamper-evident," any change to an electronic record displays evidence of the change;

(10)    "Verification on oath or affirmation," a declaration, made by a person on oath or affirmation before a notarial officer, that a statement in a document is true; and

(11)    "Video communication technology," an electronic device or process that allows a notarial officer physically located in this state and a remotely located person not in the physical presence of the notarial officer to communicate in real-time with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments.

Source: SL 2019, ch 100, § 1; SL 2021, ch 89, § 1; SL 2024, ch 71, § 2.