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Remote Electronic Notarization

Becoming an E-Notary

South Dakota law now allows for remote online notarizations. This law SDCL 18-1-11.2 was passed during the 2024 Legislative Session. You may access the laws related to this topic here: https://sdlegislature.gov/Statutes/18-1 and https://sdlegislature.gov/Statutes/18-4

If you are a current Notary Public commissioned by the South Dakota Secretary of State and would like to provide electronic notarization services to your customers, it is your responsibility to conduct thorough research before selecting a provider that meets the requirements pursuant to SDCL 18-1-11.2.

Once selected, you must record the name of the electronic notarization platform(s) you will be using by filing a Notary Change Form with our office, indicating the name(s) of the electronic notarization platform(s).

Note: The platform you choose will provide an image of your electronic seal, please include that image with your change form; if the platform requires you to be a Notary Public prior to receiving an image of the e-seal, be sure to record this image on a change form at a later date when the image is made available to you.

Below are the minimum requirements of what must be on your electronic seal:

18-1-3.1 Requirements of seal--Expiration date required.

A notarial officer must have an official seal to be used for the purpose of acknowledging a document. The seal must be a type approved by the secretary of state and must contain at least:

1) The notarial officer's name;
2) The words "South Dakota";
3) The words "notary public"; and
4) A surrounding border.
    Rubber stamp seals and electronic seals must contain the words and seal within the surrounding border.

     

Once recorded with the Secretary of State's office, you will be issued a certificate showing that you are listed as an e-notary and may provide electronic notarization services to your customers.

Official Electronic Notary Seal

    An electronic notary seal may be purchased through the vendor you choose. Many vendors require the use of their format for an electronic seal (ex. indication of your "commission number", placing your commission expiration date outside the border of your e-seal, etc.)

    If the image provided to you of your seal does not meet the minimum requirements listed above, your image will not be accepted by our office. **The State of South Dakota DOES NOT provide the official notary seal.

Jurisdiction

    For remote online notarizations, the notary MUST still be physically located in South Dakota at the time of the notarization. Jurisdiction for remote notarizations is determined by the physical location of the notary, not the signer. The signer may be located anywhere in the world, but the notary MUST be in South Dakota.

    **South Dakota does not require electronic notarization platform providers to seek approval for providing their services to their customers. For this reason, our office does not keep a listing of approved vendors.