Remote Electronic Notarization
A currently commissioned South Dakota notary may provide remote online notarizations after meeting statutory requirements and recording the selected platform and electronic seal with the Secretary of State.
South Dakota location is required
For a remote online notarization, the notary must be physically located in South Dakota when the notarization occurs. The signer may be located elsewhere, but jurisdiction is based on the notary's physical location.
Registration Process
Become an electronic notary
- Hold a current South Dakota notary commission.
- Research and select an electronic-notarization platform that meets SDCL 18-1-11.2 and other applicable requirements.
- Complete the Notary Change Form and identify every electronic-notarization platform you will use.
- Include the electronic-seal image provided by the platform. If the provider will not issue the image until after registration, submit another change form when the image becomes available.
- Wait for the Secretary of State's certificate confirming that you are recorded as an electronic notary before providing electronic-notarization services.
Official Electronic Seal
Electronic-seal requirements
Under SDCL 18-1-3.1, the electronic seal must include:
- The notarial officer's name
- The words “South Dakota”
- The words “Notary Public”
- A surrounding border
For an electronic seal, the required words and the word “Seal” must appear within the surrounding border. Provider-specific elements may be included only when the resulting image still meets South Dakota's requirements.
The state does not provide the seal
Purchase or obtain the electronic-seal image through the platform provider. The Secretary of State will not accept an image that fails to meet the minimum requirements.
Physical Location
Jurisdiction
The notary must remain physically within South Dakota for every remote online notarization. The signer may be located anywhere in the world.
Review SDCL chapter 18-1 and SDCL chapter 18-4 for the governing provisions.
Vendor Responsibility
Selecting a platform provider
Notaries are responsible for researching providers and selecting a platform that complies with South Dakota law. South Dakota does not require platform providers to obtain state approval, and the Secretary of State does not maintain an approved-vendor list.