South Dakota Amends Notary Law to Allow Remote Notarizations

On March 18, 2019, South Dakota Governor Kristi Noem signed into law a bill, House Bill 1272 (HB 1272), which amends South Dakota’s notary statute.  Among other things, HB 1272 establishes the requirements for conducting electronic notarizations and remote notarizations in South Dakota.

Some of the key provisions of HB 1272 include the following:

• Authorizes notarial officers to conduct notarizations by means of communication technology;
• Clarifies how notarial officers can confirm an individual’s identity when conducting remote notarizations;
• Specifies the requirements for using a seal to acknowledge electronic records;
• Requires notarial officers to retain an electronic audio-visual copy of the performance of each notarial act using communication technology for 10 years from the date of performance;
• Allows a notarial officer to select one or more tamper-evident technologies to perform notarial acts on electronic records; and
• Revises the penalties for a person who performs notarial acts in violation of South Dakota’s notary statute.

The changes made by HB 1272 go into effect on July 1, 2019.