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.
Structure South Dakota Codified Laws
Title 18 - Oaths and Acknowledgments
Chapter 04 - Acknowledgment And Proof Of Instruments
Section 18-4-1 - Officers authorized to take proof or acknowledgment within state.
Section 18-4-7 - Authentication of military certificate not required--Form of certificate attached.
Section 18-4-8 - Acknowledgments taken by military officers before 1943.
Section 18-4-9 - Uniformity of interpretation of military provisions.
Section 18-4-10 - Identity of person making acknowledgment to be known or proved to officer.
Section 18-4-11 - Certificate of officer taking acknowledgment to be attached.
Section 18-4-12 - Form of general certificate of acknowledgment.
Section 18-4-13 - Form of certificate of corporate acknowledgment.
Section 18-4-14 - Form of certificate of acknowledgment by attorney.
Section 18-4-15 - Form of certificate of acknowledgment by deputy sheriff.
Section 18-4-16 - Fees chargeable for acknowledgments--Violation as petty offense.
Section 18-4-17 - Means of proving instrument not acknowledged.
Section 18-4-18 - Proof of instrument by subscribing witness.
Section 18-4-19 - Circumstances permitting proof of instrument by handwriting.
Section 18-4-20 - Facts to be established for proof by handwriting.
Section 18-4-21 - Powers of officers authorized to take proof of instruments.
Section 18-4-22 - Contents of certificate of officer taking proof of instrument.
Section 18-4-23 - Authentication of certificates of acknowledgment or proof.
Section 18-4-24 - Clerk's certificate to accompany proof or acknowledgment taken by magistrate.
Section 18-4-25 - False certification of acknowledgment or proof as forgery.
Section 18-4-27 - Prior instruments governed by prior law.
Section 18-4-28 - Validity of conveyances acknowledged or proved under prior law.
Section 18-4-29 - Form--Certificate of acknowledgement--Video communication technology.