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02 Commissioners Of South Dakota [Repealed]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 Repealed by SL 1974, ch 55, § 50.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 Repealed by SL 1979, ch 153, § 3.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 Repealed by SL 1974, ch 55, § 50.
18-1-1. 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.
18-1-2. Oath and bond of notary.
Each notary public, before performing the duties of the office, shall take an oath as required by § 3-1-5, and shall give a bond to this state, to be approved by the attorney general, in the penal sum of five thousand dollars, conditioned for the faithful discharge of the duties of the office.
Source: SL 1862, ch 62, § 2; PolC 1877, ch 17, § 2; CL 1887, § 496; RPolC 1903, § 735; RC 1919, § 5236; SDC 1939 & Supp 1960, § 32.1303; SL 1974, ch 55, § 23; SL 1997, ch 120, § 2.
18-1-3. Seal, oath, and bond filed with secretary of state.
Every notary public before entering upon the duties of his office, shall provide an official seal and file an impression of the same, together with his oath and bond, in the Office of the Secretary of State.
Source: SL 1862, ch 62, § 8; PolC 1877, ch 17, § 8; CL 1887, § 503; RPolC 1903, § 742; RC 1919, § 5243; SDC 1939 & Supp 1960, § 32.1303.
18-1-3.1. Requirements of seal--Expiration date required.
A notarial officer must have an official seal to be used for the purpose of acknowledging a document. The seal must be a type approved by the secretary of state and must contain at least:
(1) The notarial officer's name;
(2) The words "South Dakota";
(3) The words "notary public"; and
(4) A surrounding border.
Rubber stamp seals and electronic seals must contain the words and seal within the surrounding border.
A notarial officer must indicate the date on which the notarial officer's commission expires below the official seal under this section.
Source: SL 1988, ch 180; SL 2008, ch 107, § 2; SL 2019, ch 100, § 3; SL 2024, ch 71, § 3.
18-1-4. Issuance of commission--Posting--Records maintained by secretary of state.
The secretary of state shall issue a commission to each notary public which shall be posted in a conspicuous place in the notary's office for public inspection. The secretary of state shall keep in his office a record of such appointments and the date of their expiration.
Source: SL 1889, ch 104, § 1; RPolC 1903, § 734; RC 1919, § 5235; SDC 1939 & Supp 1960, § 32.1302; SL 1979, ch 153, § 2.
18-1-7. Notarial acts of interested person or agent valid if not principal party to instrument.
A person who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any other person or party to a transaction concerning which the person is performing the function of a notary public, may make any certificate, take any acknowledgment, administer any oath, or do any other official act as a notary public with the same legal force and effect as if the person had no interest, provided the instrument or document does not show upon its face that the person is a principal party to the instrument or document.
Source: SL 1911, ch 197; RC 1919, § 5250; SDC 1939 & Supp 1960, § 32.1308; SL 2019, ch 100, § 4.
18-1-9. Fee chargeable by notary.
A notary public may charge and receive a fee not to exceed ten dollars for each instrument notarized, except that no notary public may charge a fee for notarizing a request for an absentee ballot.
Source: SDC 1939 & Supp 1960, § 32.1312; SL 1979, ch 153, § 4; SL 1997, ch 120, § 3; SL 2004, ch 143, § 1.
18-1-10. Faith and credit to notarial acts.
Full faith and credit shall be given to all the protestations, attestations, and other instruments of publication, of all notaries public now in office or hereafter to be appointed under the provisions of this chapter.
Source: SL 1862, ch 62, § 11; PolC 1877, ch 17, § 11; CL 1887, § 507; RPolC 1903, § 746; RC 1919, § 5247; SDC 1939 & Supp 1960, § 32.1309.
18-1-11. Affixing official signature without appearance by parties as misdemeanor.
A person is guilty of a Class 2 misdemeanor if the person is a notarial officer who affixes the person's official signature to any document when the parties to the transaction memorialized in the document have not appeared before the person either in-person or in accordance with § 18-1-11.1.
Source: SL 1887, ch 116, § 1; CL 1887, § 508; RPolC 1903, § 747; RC 1919, § 5248; SDC 1939 & Supp 1960, § 32.1313; SL 1979, ch 153, § 5; SL 2019, ch 100, § 5.
18-1-11.1. Notarial act--Video communication technology--Requirements.
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.
Source: SL 2019, ch 100, § 2; SL 2021, ch 89, § 2.
18-1-11.2. Notarial act--Remote online notarization--Requirements.
A notarial officer in this state, while located in this state, may perform a notarial act executed on an electronic record 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, by means of two different methods of identity proofing, that the person has the identity being claimed;
(2) Affixes the notarial officer's signature to the electronic record executed by the person;
(3) Indicates the remote location of the person executing the document in the notarial certificate pursuant to § 18-4-30;
(4) Indicates in the notarial certificate pursuant to § 18-4-30 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 a tamper-evident electronic notarization system; and
(5) Creates an audio-visual copy of the performance of the notarial act.
Source: SL 2024, ch 71, § 4.
18-1-11.3. Electronic audio-visual copy--Retention requirement.
A notarial officer must retain an electronic audio-visual copy of each notarial act involving the use of a tamper-evident notarization system for ten years from the date of the performance. Upon suspension or revocation of a notarial officer's commission, or upon death or incapacity, the notarial officer or the guardian, conservator, or personal representative of the incapacitated or deceased notarial officer must retain an electronic audio-visual copy of each notarial act for ten years. In lieu of retaining copies as required by this section, the copies may be held by a repository designated by or on behalf of the notarial officer.
Source: SL 2024, ch 71, § 5.
18-1-11.4. Electronic official seal secured from tampering--Notice to secretary of state.
A notarial officer, prior to performing notarial acts with respect to electronic records, must select at least one tamper-evident electronic notarization system with which to place the signature and official seal of the notarial officer on electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a system that the notarial officer has not selected. A notarial officer must notify the secretary of state, on forms prescribed by the secretary, of the names of each tamper-evident notarization system used by that notarial officer for the notarization of electronic records.
Source: SL 2024, ch 71, § 6.
18-1-11.5. Authenticating printed electronically notarized records.
A register of deeds must accept for record a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a signature on a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies the tangible copy is an accurate copy of the electronic record pursuant to § 18-1-11.6.
Source: SL 2024, ch 71, § 7.
18-1-11.6. Form--Certificate of authentication--Remote electronic notarization.
The certificate authenticating a printed electronic record under § 18-1-11.5 must be substantially in the following form:
I, ______________, a notary public, certify that the attached document is an accurate copy of the original electronic record upon which my electronic signature and official seal are inscribed, and that the electronic record was printed by me or under my supervision.
I hereunto set my hand and official seal.
_______________________________
_______________________________
Title of officer.
Source: SL 2024, ch 71, § 8.
18-1-11.7. Promulgation of rules.
The secretary of state may promulgate rules pursuant to chapter 1-26 to:
(1) Create standards for online notarial acts in accordance with §§ 18-1-1.1, 18-1-3.1, and 18-1-11.2 to 18-1-11.8, inclusive, including standards for credential analysis, identity proofing, and communication technology used for online notarial acts; and
(2) Ensure the integrity, security, and authenticity of online notarial acts in accordance with §§ 18-1-1.1, 18-1-3.1, and 18-1-11.2 to 18-1-11.8, inclusive.
Source: SL 2024, ch 71, § 9.
18-1-11.8. Validity of notarial acts.
The failure of a notarial officer to perform a duty or meet a requirement specified by law does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the law of this state or the law of the United States. Nothing in this section validates a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
Source: SL 2024, ch 71, § 10.
18-1-12. Acting after expiration of term or disqualification as misdemeanor.
It is a Class 2 misdemeanor for any notary public to exercise the duties of his office after the expiration of his commission or when he is otherwise disqualified.
Source: SL 1887, ch 116, § 1; CL 1887, § 508; RPolC 1903, § 747; RC 1919, § 5248; SDC 1939 & Supp 1960, § 32.1313; SL 1979, ch 153, § 6.
18-1-12.1. Performing notarial act without commission as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person performs a notarial act on any document without first obtaining a commission from the secretary of state under § 18-1-4.
Source: SL 1997, ch 120, § 5; SL 2019, ch 100, § 6.
18-1-12.2. Party to transaction as notary public prohibited.
It is a Class 1 misdemeanor for a person to affix a signature to a document as a notary public when the person has also signed the document as a party to the transaction proceeding.
Source: SL 1997, ch 120, § 6.
18-1-13. Removal of notary from office for violation.
Any notary public who is convicted of committing an act which is designated as a misdemeanor in this chapter or any felony shall be removed from office by the secretary of state.
Source: SDC 1939, §§ 13.1254, 32.1313; SDC Supp 1960, § 32.1313; SL 1979, ch 153, § 7; SL 1997, ch 120, § 4.
18-1-14. Notice to notary of revocation of commission.
Should the commission of any notary public be revoked, the secretary of state shall immediately notify such person by mail.
Source: PolC 1877, ch 17, § 10; CL 1887, § 506; RPolC 1903, § 745; RC 1919, § 5246; SDC 1939 & Supp 1960, § 32.1306; SL 1974, ch 55, § 24.
18-2-1 to 18-2-5. Repealed.
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.
18-3-1. Officers authorized to administer oaths.
The following officers may administer oaths:
(1) Supreme Court justices, circuit judges, magistrates, notaries public, the clerk and deputy clerk of the Supreme Court, and clerks and deputy clerks of the circuit court, within the state, and federal judges, and federal magistrates;
(2) Members of the Legislature, while acting as a member of any legislative committee, when examining persons before the legislative committee;
(3) The county auditor, the county treasurer, the register of deeds, and the deputy of each, within their respective county;
(4) Mayors, town board presidents, municipal finance officers, deputy municipal finance officers, and township clerks, within their respective municipality or township;
(5) Sheriffs and deputies if authorized by law to select commissioners or appraisers, or to impanel juries for the view or appraisement of property, or are directed as an official duty to have property appraised, or take the answer of garnishees;
(6) Conservation officers for the purposes of taking a written statement pursuant to § 23A-2-1 for any offense of Title 41; and
(7) Other officers in cases specifically provided by law.
Source: SDC 1939, § 48.0801; SL 1941, ch 210; SL 1979, ch 149, § 1; SL 1992, ch 60, § 2; SL 1993, ch 167; SL 1996, ch 145; SL 1998, ch 119, § 1; SL 2000, ch 92, § 2.
18-3-2. Affidavits by persons in military service--Oath administered by commissioned officer.
Any affidavit may be made, by any person in the military service of the United States, in the manner and form now provided by the laws of this state, or as provided in this section and § 18-3-3.
Any commissioned officer in the military service of the United States may administer an oath or affirmation and take and certify to an affidavit at any place within or without the United States.
Source: SL 1943, ch 150, §§ 2, 3; SDC Supp 1960, § 48.0801-1.
18-3-3. Form of jurat for affidavit by person in military service.
The jurat of the officer taking the affidavit pursuant to § 18-3-2 shall be substantially as follows:
Subscribed and sworn to before me this ____ day of ____, 20__, by ____ to me well known to be in the military service of the United States, and who stated to me that his home post office address is as follows: ____.
__________ Signature of officer
__________ Title and unit
Source: SL 1943, ch 150, § 3; SDC Supp 1960, § 48.0801-1.
18-3-4. Persons entitled to use military service provisions.
Persons in the military service of the United States, as used in §§ 18-3-2 and 18-3-3 shall include the following persons and no others: all members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, all officers of the Public Health Service detailed for duty with the Army, Navy, or Air Force, and any civilian persons serving with, employed by, or accompanying the armed forces hereinbefore mentioned outside of the United States.
Source: SL 1943, ch 150, § 1; SDC Supp 1960, § 48.0801-1; SL 1963, ch 290.
18-3-5. Affirmation in lieu of oath.
Persons conscientiously opposed to swearing may affirm, and shall be subject to the penalties of perjury as in case of swearing.
Source: SL 1867-8, ch 23, § 3; PolC 1877, ch 20, § 2; CL 1887, § 488; RPolC 1903, § 727; RC 1919, § 5252; SDC 1939, § 48.0803.
18-3-6. Fee not charged for administration of oath by public officer.
No fee for the administering of oaths shall be charged or taxed as costs against any person by any official authorized to administer oaths when the oath so administered is in connection with some official duty of said officer essential to the administration of his office.
Source: SL 1929, ch 205; SDC 1939, § 48.0802.
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.
18-4-1. Officers authorized to take proof or acknowledgment within state.
The proof or acknowledgment of an instrument may be made at any place within this state before a justice or the clerk of the Supreme Court or a notary public.
Source: CivC 1877, § 655; CL 1887, § 3277; RCivC 1903, § 970; SL 1907, ch 3; RC 1919, § 575; SDC 1939, § 51.1604.
18-4-2. Officers authorized to take proof or acknowledgment within circuit, county, or municipality.
The proof or acknowledgment of an instrument may be made anywhere in this state before a judge of the circuit court, a clerk of the circuit court, a magistrate of the circuit court, or a United States magistrate. Within a county or municipality for which the officer was elected or appointed, the proof or acknowledgment of an instrument may be made before a county auditor, a register of deeds, a mayor, or a municipal finance officer .
Source: SDC 1939, § 51.1605; SL 1979, ch 149, § 2; SL 1992, ch 60, § 2; SL 1998, ch 120, § 1; SL 2000, ch 92, § 1.
18-4-3. Indian agents authorized to take acknowledgment or proof in Indian country--Recording of certificate of appointment.
Indian agents or superintendents are authorized to take acknowledgments or proofs of deeds or other instruments in writing, in Indian country, and acknowledgments or proofs so taken shall have the same force and effect as if taken before a notary public. To qualify for taking such acknowledgments or proofs, such Indian agent or superintendent shall file for record in the office of the register of deeds of the county in which he is stationed, or the county to which said county is attached for judicial purposes, a certificate signed by the secretary of the interior of the United States showing his appointment and authority as such Indian agent or superintendent.
Source: SL 1911, ch 2; RC 1919, § 577; SDC 1939, § 51.1606.
18-4-6. Acknowledgment before commissioned officer of armed forces--Place of execution need not be shown.
In addition to the acknowledgment of instruments in the manner and form and as otherwise authorized by the laws of South Dakota, any person serving in or with the armed forces of the United States may acknowledge the execution of an instrument, wherever located, before any commissioned officer in active service of the armed forces of the United States with the rank of second lieutenant or higher in the Army, Air Force, Space Force, or Marine Corps, or ensign or higher in the Navy or United States Coast Guard. The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment.
Source: SL 1943, ch 148, § 1; SL 1951, ch 215; SDC Supp 1960, § 51.1608-1 (1); SL 2023, ch 109, § 2.
18-4-7. Authentication of military certificate not required--Form of certificate attached.
No authentication of the officer's certificate of acknowledgment taken pursuant to § 18-4-6 shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:
On this the ____ day of ____, 20__, before me ____, the undersigned officer personally appeared ____, known to me (or satisfactorily proven) to be serving in or with the armed forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that -- he executed the same for the purposes therein contained. And the undersigned does further certify that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.
__________ Signature of officer
__________ Rank of officer and command to which attached.
Source: SL 1943, ch 148, § 1; SL 1951, ch 215; SDC Supp 1960, § 51.1608-1 (1).
18-4-8. Acknowledgments taken by military officers before 1943.
No acknowledgment taken prior to February 6, 1943, shall be affected by anything contained in §§ 18-4-6 and 18-4-7. All affidavits and the acknowledgment of any and all written instruments taken and certified by any commissioned officer in the military or naval service of the United States, at any place within or without the United States, at any time before July 1, 1943, are hereby legalized and validated and shall be accorded the same standing as those taken and certified by a notary public within this state with his official seal attached thereto.
Source: SL 1943, ch 148, § 2; SL 1943, ch 149; SDC Supp 1960, §§ 51.1608-1 (2), 65.0324.
18-4-9. Uniformity of interpretation of military provisions.
Sections 18-4-6 to 18-4-8, inclusive, shall be so interpreted as to make uniform the laws of those states which enact them.
Source: SL 1943, ch 148, § 3; SDC Supp 1960, § 51.1608-1 (3).
18-4-10. Identity of person making acknowledgment to be known or proved to officer.
The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is an officer of the corporation authorized to execute the instrument.
Source: CivC 1877, § 659; CL 1887, § 3281; RCivC 1903, § 974; RC 1919, § 580; SDC 1939, § 51.1609; SL 2019, ch 100, § 7.
18-4-11. Certificate of officer taking acknowledgment to be attached.
An officer taking the acknowledgment of an instrument must endorse thereon or attach thereto a certificate substantially in the forms prescribed in §§ 18-4-12 to 18-4-15, inclusive.
Source: CivC 1877, § 666; CL 1887, § 3288; RCivC 1903, § 981; RC 1919, § 587; SDC 1939, § 51.1615.
18-4-12. Form of general certificate of acknowledgment.
The certificate of acknowledgment of an instrument unless it is otherwise in this chapter provided must be substantially in the following form:
Territory of ____ or State of ____
County of ____ ss
On this ____ day of ____, in the year ____, before me personally appeared ____, known to me (or proved to me on the oath of ____) to be the person who is described in, and who executed the within instrument and acknowledged to me that he (or they) executed the same.
Source: CivC 1877, § 666, subdiv 1; CL 1887, § 3288, subdiv 1; RCivC 1903, § 981, subdiv 1; RC 1919, § 587 (1); SDC 1939, § 51.1615 (1).
18-4-13. Form of certificate of corporate acknowledgment.
The certificate of acknowledgment of an instrument executed by a corporation must be substantially in the following form:
Territory of ____ or State of ____
County of ____ ss
On this ____ day of ____, in the year ____, before me ____, personally appeared ____, known to me (or proved to me on the oath of ____) to be the ____ of the corporation that is described in and that executed the within instrument and acknowledged to me that such corporation executed the same.
Source: CivC 1877, § 666, subdiv 2; CL 1887, § 3288, subdiv 2; RCivC 1903, § 981, subdiv 2; RC 1919, § 587 (2); SL 1921, ch 2; SDC 1939, § 51.1615 (2).
18-4-14. Form of certificate of acknowledgment by attorney.
The certificate of acknowledgment by an attorney in fact must be substantially in the following form:
Territory of ____ or State of ____
County of ____ ss
On this ____ day of ____, in the year ____, before me personally appeared ____, known to me (or proved to me on the oath of ____) to be the person who is described in and whose name is subscribed to the within instrument as the attorney in fact of ____, and acknowledged to me that he subscribed the name of ____ thereto as principal and his own name as attorney in fact.
Source: CivC 1877, § 666, subdiv 4; CL 1887, § 3288, subdiv 3; RCivC 1903, § 981, subdiv 3; RC 1919, § 587 (3); SDC 1939, § 51.1615 (3).
18-4-15. Form of certificate of acknowledgment by deputy sheriff.
The certificate of acknowledgment by any deputy sheriff of South Dakota must be substantially in the following form:
State of South Dakota,
County of __________ ss
On this __________ day of __________, in the year ______, before me personally appeared ________, known to me (or proved to me on the oath of ________) to be the person who is described in and whose name is subscribed to the within instrument as deputy sheriff of said county and acknowledged to me that he subscribed the name of ________ thereto as sheriff of said county and his own name as deputy sheriff.
Source: SL 1887, ch 2, § 1; CL 1887, § 5162; RCivC 1903, § 981, subdiv 3; RC 1919, § 587 (3); SDC 1939, § 51.1615 (4).
18-4-16. Fees chargeable for acknowledgments--Violation as petty offense.
Officers authorized by law to take and certify acknowledgment of deeds and other instruments are entitled to charge and receive twenty-five cents each therefor, and for administering oaths and certifying the same, ten cents. A violation of this section is a petty offense.
Source: SL 1862, ch 41, § 2; PolC 1877, ch 39, § 30; CL 1887, § 1434; RPolC 1903, § 1856; RC 1919, § 7061; SDC 1939, § 48.0606; SL 1979, ch 150, § 22.
18-4-17. Means of proving instrument not acknowledged.
Proof of the execution of an instrument, when not acknowledged, may be made either:
(1) By the party executing it, or either of them;
(2) By a subscribing witness; or
(3) By other witnesses, in cases mentioned in §§ 18-4-19 and 18-4-20, relating to proof of handwriting.
Source: CivC 1877, § 662; CL 1887, § 3283; RCivC 1903, § 976; RC 1919, § 582; SDC 1939, § 51.1610.
18-4-18. Proof of instrument by subscribing witness.
If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness. The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it and that such person executed it and that the witness subscribed his name thereto as a witness.
Source: CivC 1877, § 662; CL 1887, § 3284; RCivC 1903, § 977; RC 1919, § 583; SDC 1939, § 51.1611.
18-4-19. Circumstances permitting proof of instrument by handwriting.
The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
(1) When the parties and all the subscribing witnesses are dead;
(2) When the parties and all the subscribing witnesses are nonresidents of the state;
(3) When the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;
(4) When the subscribing witness conceals himself or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or
(5) In case of the continued failure or refusal of the witness to testify for the space of one hour after his appearance.
Source: CivC 1877, § 663; CL 1887, § 3285; RCivC 1903, § 978; RC 1919, § 584; SDC 1939, § 51.1612.
18-4-20. Facts to be established for proof by handwriting.
The evidence taken under § 18-4-19 must satisfactorily prove to the officer the following facts:
(1) The existence of one or more of the conditions mentioned therein;
(2) That the witness testifying knew the person whose name purports to be subscribed to the instrument as a party and is well acquainted with his signature and that it is genuine;
(3) That the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with his signature and that it is genuine; and
(4) The place of residence of the witness.
Source: CivC 1877, § 664; CL 1887, § 3286; RCivC 1903, § 979; RC 1919, § 585; SDC 1939, § 51.1613.
18-4-21. Powers of officers authorized to take proof of instruments.
Officers authorized to take the proof of instruments are authorized in such proceedings:
(1) To administer oaths or affirmations;
(2) To employ and swear interpreters;
(3) To issue subpoenas and to punish for contempt as provided in Title 19 in regard to the means of producing witnesses.
Source: CivC 1877, § 668; CL 1887, § 3290; RCivC 1903, § 983; RC 1919, § 589; SDC 1939, § 51.1617.
18-4-22. Contents of certificate of officer taking proof of instrument.
An officer taking proof of the execution of an instrument must in his certificate endorsed thereon or attached thereto set forth all the matters required by law to be done or known by him or proved before him on the proceeding, together with the names of all the witnesses examined before him, their places of residence respectively, and the substance of their evidence.
Source: CivC 1877, § 665; CL 1887, § 3287; RCivC 1903, § 980; RC 1919, § 586; SDC 1939, § 51.1614.
18-4-23. Authentication of certificates of acknowledgment or proof.
Officers taking and certifying acknowledgments or proof of instruments for record must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also their seals of office, if by the laws of the state, territory, or country where the acknowledgment or proof is taken or by authority of which they are acting, they are required to have official seals. Judges and clerks of courts of record must authenticate their certificates as aforesaid by affixing thereto the seal of the proper court; and mayors of first and second class municipalities, by the seal thereof.
Source: CivC 1877, § 666, subdiv 5; CL 1887, § 3288, subdiv 4; RCivC 1903, § 981, subdiv 4; RC 1919, § 587 (4); SDC 1939, § 51.1615 (5); SL 1992, ch 60, § 2.
18-4-24. Clerk's certificate to accompany proof or acknowledgment taken by magistrate.
The certificate of proof or acknowledgment, if made before a magistrate, if used in any county other than that in which the magistrate resides, shall be accompanied by a certificate under the hand and seal of the clerk of courts, setting forth that such magistrate at the time of taking was authorized to take such proof or acknowledgment, and that the clerk is acquainted with the magistrate's handwriting and believes that the signature to the original certificate is genuine.
Source: SDC 1939, § 51.1615(6); SL 1974, ch 153, § 34; SL 1998, ch 121, § 1.
18-4-25. False certification of acknowledgment or proof as forgery.
If any officer authorized to take the acknowledgment or proof of any conveyance of real property or of any other instrument which by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto or was proved by any subscribing witness, when in truth such conveyance or instrument was not acknowledged or proved as certified, he is guilty of forgery.
Source: PenC 1877, § 553; CL 1887, § 6754; RPenC 1903, § 579; RC 1919, § 4184; SDC 1939, § 13.4113.
18-4-26. Action in circuit court to prove instrument defectively certified--Judgment entitles instrument to record.
When the acknowledgment or proof of execution of an instrument is properly made but defectively certified any party interested may have an action in the circuit court to obtain a judgment correcting the certificate.
Any person interested under an instrument entitled to be proved for record may institute an action in the circuit court against the proper parties to obtain a judgment proving such instrument.
A certified copy of the judgment in a proceeding instituted under the provisions of this section showing the proof of the instrument and attached thereto, entitles the instrument to record with like effect as if acknowledged.
Source: CivC 1877, § 667; CL 1887, § 3289; RCivC 1903, § 982; RC 1919, § 588; SDC 1939, § 51.1616.
18-4-27. Prior instruments governed by prior law.
The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, except as to seals, upon the laws in force when the act was performed except as by other statutes expressly provided.
Source: CivC 1877, § 669; CL 1887, § 3291; RCivC 1903, § 984; RC 1919, § 590; SDC 1939, § 51.1618.
18-4-28. Validity of conveyances acknowledged or proved under prior law.
All conveyances of real property made before July 1, 1939, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances executed and acknowledged in pursuance of this chapter.
Source: CivC 1877, § 670; CL 1887, § 3292; RCivC 1903, § 985; RC 1919, § 591; SDC 1939, § 51.1619.
18-4-29. Form--Certificate of acknowledgement--Video communication technology.
The certificate of acknowledgment of a document executed under § 18-1-11.1 shall be substantially in the following form:
State of South Dakota
County of _____ ss
On this _____ day of _____, in the year_____, before me, _____ (Notary's Name), the undersigned officer appeared _____ (Signer's Name) with a remote location of _____ (City/State), whom I have personal knowledge of because of my relationship as _____ and whom I positively identified as the person whose name is subscribed to the within instrument, appeared before me not in my physical presence but by means of video communication technology, and I observed his/her execution of the same for the purposes contained therein and confirm that I affix my seal to the same instrument so executed.
Source: SL 2021, ch 89, § 3.
18-4-30. Form--Certificate of acknowledgment--Remote electronic notarization.
The notarial certificate of a document executed pursuant to § 18-1-11.2 must be substantially in the following form:
State of South Dakota
County of ________________ ss
On this ____ day of ___________, in the year ______, before me, ______________ (notary's name), the undersigned office appeared ______________ (signer's name) with a remote location of ______________ (city/state), whom I have personal knowledge by identity proofing and whom I positively identified as the person whose name is subscribed to the within instrument, appeared before me not in my physical presence but by means of a tamper-evident electronic notarization system, and I observed his/her execution of the same for the purposes contained therein and confirm that I affix my official seal to the same instrument so executed.
Source: SL 2024, ch 71, § 11.
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.
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.
18-6-1. Short title.
This chapter may be cited as the Uniform Unsworn Foreign Declarations Act.
Source: SL 2012, ch 257, § 1 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-2. Definitions.
In this chapter:
(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
(2) "Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.
(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(4) "Sign" means, with present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process.
(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(6) "Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.
(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Source: SL 2012, ch 257, § 2 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-3. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Source: SL 2012, ch 257, § 3 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-4. Validity of unsworn declaration.
(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(b) This chapter does not apply to:
(1) A deposition under § 15-6-26;
(2) An oath of office;
(3) An oath required to be given before a specified official other than a notary public;
(4) A declaration to be recorded pursuant to Title 43; or
(5) An oath required by § 29A-2-504.
Source: SL 2012, ch 257, § 4 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-5. Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Source: SL 2012, ch 257, § 5 (Supreme Court Rule 12-03), eff. July 1, 2012.
18-6-6. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
FORM OF UNSWORN DECLARATION
I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ____________ day of ________________, ___________,at
(date) (month) (year)
_________________________, __________.
(city or other location, and state)(country)
___________________________________
(printed name)
___________________________________
(signature)
Source: SL 2012, ch 257, § 6 (Supreme Court Rule 12-03), eff. July 1, 2012.
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.
18-7-1. Short title.
This chapter may be cited as the Uniform Unsworn Domestic Declarations Act.
Source: SL 2018, ch 128, § 1.
18-7-2. Definitions.
The terms in this chapter mean:
(1) "Boundaries of the United States," the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;
(2) "Law," includes a statute, judicial decision or order, rule of court, executive order, and administrative rule, regulation, or order;
(3) "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;
(4) "Sign," with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process;
(5) "Sworn declaration," a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit;
(6) "Unsworn declaration," a declaration in a signed record not given under oath but is given under penalty of perjury.
Source: SL 2018, ch 128, § 2; SL 2019, ch 101, § 1.
18-7-3. Applicability.
This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within the boundaries of the United States.
Source: SL 2018, ch 128, § 3.
18-7-4. Validity of unsworn declaration.
Except as otherwise provided in this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
This chapter does not apply to:
(1) A deposition under § 15-6-26;
(2) An oath of office;
(3) An oath required to be given before a specified official other than a notary public;
(4) A declaration to be recorded pursuant to title 43;
(5) Any declaration, oath, or verification required under title 2 or 12; or
(6) An oath required by § 29A-2-504.
Source: SL 2018, ch 128, § 4.
18-7-4.1. Unsworn declaration--Court filing not notarized.
Unless specifically required by statute or court rule, a pleading, motion, affidavit, or other document filed with a court of this state, or presented to a judge or judicial officer in support of a request for a court order, warrant, or other relief, is not required to be notarized. Signing a document filed with the court or presented to a judge or judicial officer constitutes an “unsworn declaration", as defined in subdivision 18-7-2(6), without administration of an oath or notarized signature, provided that the signature, as defined by court rules, is affixed immediately below a declaration using substantially the following language: "I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct". In addition to the signature, the date of signing, the city or other location, and state where the document was signed shall be noted on the document.
Source: Supreme Court Rule 24-11, eff. Sept. 5, 2024.
18-7-5. Required medium.
If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium.
Source: SL 2018, ch 128, § 5.
18-7-6. Form of unsworn declaration.
An unsworn declaration under this chapter must be in substantially the following form:
FORM OF UNSWORN DECLARATION
I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct.
Signed on the ___ day of _____, _____, at ________________________________.
Date Month Year City or other location, state
________________
Printed Name
________________
Signature
Source: SL 2018, ch 128, § 6.
18-7-7. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source: SL 2018, ch 128, § 7.
18-7-8. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Source: SL 2018, ch 128, § 8.
CHAPTER 18-8
REMOTE WITNESSING OF LEGAL INSTRUMENTS
18-8-1 Definitions.
18-8-2 Conscious presence is electronic presence--Wills.
18-8-3 Declaration for life-sustaining treatment.
18-8-4 Durable health care power of attorney.
18-8-5 Anatomical gift or refusal.
18-8-6 Cremation authorization.
18-8-1. Definitions.
Terms used in this chapter mean:
(1) “Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(2) “Electronic presence,” the relationship of two or more individuals in different locations communicating by means of video communication technology;
(3) “Instrument,” a will, a declaration, a power of attorney, a pre-need cremation authorization, or an anatomical gift or refusal to make an anatomical gift of the individual’s body or part thereof;
(4) "Video communication technology," an electronic device or process that allows a signer and a remotely located person or persons not in the physical presence of the signer to communicate in real-time simultaneously by sight and sound and that makes any necessary reasonable accommodation for individuals with vision, hearing, or speech impairments;
(5) “Signer,” an individual who signs or who acknowledges that signature. A signer also includes an individual who directs another person to sign for the signer in the physical presence of the signer.
Source: SL 2022, ch 56, § 1.
18-8-2. Conscious presence is electronic presence--Wills.
A non-holographic will is validly signed when signed in the electronic presence of the testator by two or more individuals who, in the electronic presence of the testator, witnessed either the signing of the will or the testator's acknowledgment of that signature.
Source: SL 2022, ch 56, § 2.
18-8-3. Declaration for life-sustaining treatment.
A declaration made pursuant to § 34-12D-2 may be witnessed by two adult individuals in the electronic presence of the declarant.
Source: SL 2022, ch 56, § 3.
18-8-4. Durable health care power of attorney.
A durable power of attorney for health care decisions made pursuant to § 59-7-2.1 is validly signed when the signature is witnessed by two other adult individuals in the electronic presence of the principal.
Source: SL 2022, ch 56, § 4.
18-8-5. Anatomical gift or refusal.
An anatomical gift or a refusal to make an anatomical gift of the individual’s body or part thereof pursuant to subdivisions 34-26-52(b) or 34-26-54(b) may also be witnessed by two adults, at least one of whom is a disinterested witness, who have signed at the request of the signer in the electronic presence of the signer.
Source: SL 2022, ch 56, § 5.