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.
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.