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.
Structure South Dakota Codified Laws
Title 18 - Oaths and Acknowledgments
Section 18-1-1.1 - Definitions.
Section 18-1-2 - Oath and bond of notary.
Section 18-1-3 - Seal, oath, and bond filed with secretary of state.
Section 18-1-3.1 - Requirements of seal--Commission expiration date required below seal.
Section 18-1-4 - Issuance of commission--Posting--Records maintained by secretary of state.
Section 18-1-9 - Fee chargeable by notary.
Section 18-1-10 - Faith and credit to notarial acts.
Section 18-1-11 - Affixing official signature without appearance by parties as misdemeanor.
Section 18-1-11.1 - Notarial act--Video communication technology--Requirements.
Section 18-1-12 - Acting after expiration of term or disqualification as misdemeanor.
Section 18-1-12.1 - Performing notarial act without commission as misdemeanor.
Section 18-1-12.2 - Party to transaction as notary public prohibited.
Section 18-1-13 - Removal of notary from office for violation.
Section 18-1-14 - Notice to notary of revocation of commission.