Legal Requirements and Procedures for Remote, Online and Digital Notarizations in South Dakota

In today’s digital age, the way we notarize documents has evolved to adapt to the changing times. South Dakota, like many other states, has recognized the need for remote, online, and digital notarizations to ensure the efficiency and accessibility of legal processes. This article aims to provide a comprehensive overview of the legal requirements and procedures for remote, online, and digital notarizations in South Dakota.

What is Remote Notarization?

Remote notarization allows individuals to have their documents notarized without physically appearing before a notary public. Instead, the notarization process takes place through audio and video communication tools, ensuring the authenticity and validity of the document.

Legal Requirements for Remote Notarization in South Dakota

In South Dakota, remote notarizations are governed by South Dakota Codified Laws Section 18-1-10. To perform remote notarizations, notaries must meet certain requirements:

1. The notary must be a resident of South Dakota and hold a valid commission as a notary public
2. The notary must complete an online training course approved by the Secretary of State
3. The notary must use technology that meets the standards set by the Secretary of State for identity verification and tamper-evident document storage
4. The notary must keep an electronic journal of all remote notarizations performed

It is important for notaries to familiarize themselves with the specific requirements outlined by the Secretary of State to ensure compliance.

Procedures for Remote Notarization

When performing remote notarizations in South Dakota, the notary follows a set of procedures:

1. The signer presents a valid identification document to the notary through the audio and video communication tool
2. The notary verifies the signer’s identity and confirms their willingness to sign the document
3. The signer electronically signs the document using a secure electronic signature
4. The notary electronically notarizes the document, including their electronic signature and seal
5. The notary records the remote notarization in their electronic journal

These procedures ensure the integrity and authentication of the remote notarization process while maintaining compliance with South Dakota laws.

Online Notarization in South Dakota

South Dakota has also recognized online notarization as a valid method for notarizing documents. Online notarization involves the use of audio and video communication tools to perform notarizations.

The legal requirements for online notarizations in South Dakota are similar to remote notarizations. Notaries must meet the residency and commission requirements, complete an approved online training course, and use technology that complies with the standards set by the Secretary of State.

Digital Notarization in South Dakota

Digital notarization, unlike remote and online notarization, does not involve the use of audio and video communication tools. Instead, digital notarization relies on the secure electronic signature and seal of the notary.

South Dakota allows for digital notarization if certain requirements are met. These include the use of technology that meets the Secretary of State’s standards, the possession of a valid notary commission, and compliance with any additional requirements set forth by the Secretary of State.

In Conclusion

Remote, online, and digital notarizations have become increasingly important in South Dakota to ensure the smooth and efficient operation of legal processes. By understanding the legal requirements and procedures for these types of notarizations, individuals and businesses can navigate the digital landscape while complying with South Dakota laws.

If you’re interested in learning more about notarizations or other legal topics, feel free to explore our other articles on our website. We strive to provide informative and engaging content to help you stay informed about the ever-changing legal landscape.