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South Dakota · SDCL 18-1-11.1–18-1-11.6South Dakota remote online notarization: paper documents over video, electronic records and recording a paper copy

South Dakota has two remote routes, and in both the notarial officer must be located in South Dakota. For a tangible (paper) document signed by someone observed over video communication technology, the officer must have personal knowledge of the person's identity through dealings sufficient to provide reasonable certainty, sign the original paper document, state the signer's remote location in the certificate, state that the signer appeared by video, and be able to confirm it's the same document (SDCL 18-1-11.1). For an electronic record, the officer must establish identity by two different methods of identity proofing, sign the electronic record, state the remote location and the use of video communication technology and a tamper-evident electronic notarization system in the certificate, and create an audio-visual copy of the act (18-1-11.2). The audio-visual copy is kept ten years, or by a designated repository (18-1-11.3). For recording, a register of deeds must accept a paper copy of an electronic record containing a notarial certificate as satisfying the original-signature requirement if the notarial officer certifies it's an accurate copy, using the statutory certificate of authentication (18-1-11.5, 18-1-11.6).

The rules

  1. 1. Paper over video (18-1-11.1)

    Only with personal knowledge of the signer; remote location in the certificate.

  2. 2. Electronic record (18-1-11.2)

    Two methods of identity proofing; tamper-evident system; recorded.

  3. 3. Recording kept (18-1-11.3)

    Audio-visual copy kept ten years.

  4. 4. Paper copy for recording (18-1-11.5)

    Register of deeds must accept a certified paper copy.

What the TC can do

  • Ask the title company which route it will use – paper over video needs a notary who personally knows the signer.
  • Tell a remote signer of an electronic record to expect two identity checks.
  • For recording, confirm the paper copy carries the notary's certificate of authentication.

Questions about South Dakota remote notarization

Can a South Dakota notary notarize a paper deed over video for a stranger?

No – video notarization of a tangible document requires the notary's personal knowledge of the signer's identity (SDCL 18-1-11.1(1)); an electronic record can instead use two methods of identity proofing (18-1-11.2).

Will a South Dakota register of deeds record a printed electronic deed?

Yes – it must accept a paper copy of an electronic record with a notarial certificate if the notary certifies it's an accurate copy on the statutory form (SDCL 18-1-11.5, 18-1-11.6).

Add a task in ClosingCode to confirm remote notarization with the title company and lender, with an owner and a due date.

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Source: South Dakota Codified Laws 18-1-11.1 to 18-1-11.6 (sdlegislature.gov, read October 26, 2026).

General information, not legal advice. The lender, title company and register of deeds decide whether they accept a remote notarization. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.