Frequently Asked Questions
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Notarial Acts
General questions
What is Errors and Omissions insurance?
A notary may choose to purchase optional Errors and Omissions insurance for protection against claims involving negligence or unintentional mistakes made while performing notarial acts.
Can a South Dakota notary notarize in another state?
No. A South Dakota notary may notarize only while physically located within South Dakota.
What identification is sufficient for a notarization?
A notary must conclusively identify the person requesting notarization. A government-issued photo identification may include:
- United States passport
- Driver's license or state non-driver identification card
- Tribal identification
- Identification issued by a branch of the United States Armed Forces
- Student identification card
- United States immigration identification, such as a permanent resident card
- Another government-issued photo identification
Use reasonable care when identification appears altered or does not match the individual.
Will my notary information be public?
Yes. SDCL 18-1-4 requires the Secretary of State to keep a record of appointments and expiration dates. State open-record laws generally presume a record is open unless another law closes it. Information provided on the application, including the address, may be available through a public-record request.
How can I locate or contact a notary?
Use the Notary Public Commission Search to find an active commission by name, expiration date, city, or county. The office does not require notaries to provide a telephone number or email address. Contact the Secretary of State for available public address information.
Application and Term
Commission questions
How do I renew my commission?
Use the same Application and Oath form and checklist required for a new commission. Include all signatures and the $30 filing fee. See renewal instructions.
How early may I renew?
You may submit a renewal application no more than 60 days before the current expiration date. Submit it before expiration to keep the same commission month and day.
How much does a notary application cost?
The filing fee for a Notary Public Application and Oath is $30.
Does the office accept credit-card payments?
Yes. Include a telephone number where staff may call to obtain credit-card information during processing. Do not write credit-card information on the application.
When does my commission expire?
The commission begins when the Secretary of State makes the appointment and issues the certificate. It expires at midnight exactly six years later.
Is a surety bond still required?
No. Effective July 1, 2025, a surety bond or Personal Surety Form is not required for a new or renewal application. Submit only the completed application, oath, and filing fee.
How do I replace a lost commission certificate?
Email [email protected] or call 605-773-3537. The Notary Commission Certificate must be displayed for public inspection when notarizing.
Updates and Replacement
Seal and information-change questions
What should I do if my address or name changes?
Complete and submit the Notary Change Form (PDF). Do not notarize using a new name or seal until you receive confirmation from the Secretary of State.
What should I do if I change my seal?
Submit an imprint of the new seal on the Notary Change Form (PDF) and wait for approval before using it.
What if my seal is lost or stolen?
Report the loss immediately. You may replace and record the seal while continuing the commission, or ask that the current commission be canceled and apply for a new commission. Review the full lost-or-stolen seal instructions.
May I use more than one stamp or seal?
Yes. File an imprint of every seal with the Secretary of State using the Notary Change Form (PDF) and wait for approval before using it.
Remote Services
Electronic-notary questions
Does South Dakota allow electronic notarization?
Yes. Review SDCL 18-1-11.2 and the electronic-notary requirements.
How do I find an electronic notary?
Use the Notary Public Commission Search and select “Only Show E-Notaries.”