S.D. Codified Laws § 18-1-11.2

Current through the 2024 Legislative Session
Section 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.

SDCL 18-1-11.2

SL 2024, ch 71, §4.
Added by S.L. 2024, ch. 71,s. 4, eff. 7/1/2024.