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Notary Requirements for South Dakota: 2025 Updated

by Ben Camerota
Trail Beside a Lake in Custer State Park in South Dakota

This guide covers becoming a South Dakota notary public and renewing a commission, based on official state resources and law as of May 2025. It includes eligibility, application, bond, seal, remote notarization, and FAQs.

Eligibility Requirements

Applicants must meet these criteria:

  • Age: At least 18 years old.

  • Residency: South Dakota resident OR live in a bordering county and maintain a physical place of work/business in South Dakota.

  • Legal Qualifications: No felony convictions. Not otherwise disqualified under SDCL Title 18.

No U.S. citizenship requirement is stated if legally residing. No education or exam is required.

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Application Process for New Notary Commission

The process is the same for new applications and renewals.

  1. Obtain a Notary Seal: Purchase a seal (stamp or embosser) meeting South Dakota requirements before applying. You'll imprint it on the application.

  2. Secure a $5,000 Surety Bond: For a six-year term. Obtain from an insurance company or use a personal surety. Bond effective date must be within 60 days of application filing.

  3. Complete Application, Oath, and Bond Form: Use the official SOS form.

    • Use name exactly as on your seal.

    • Provide physical residential address (and SD business address/employer if a bordering-county resident).

    • Answer background questions truthfully.

    • Oath of Office: Sign the oath section on the form, affirming faithful and impartial performance.

    • Bond Section: Complete with insurance bond details (surety signature, power of attorney) OR fill out the separate personal surety section (applicant and surety signatures, each notarized by different notaries).

  4. Enclose Filing Fee: $30.00 (check or money order to "Secretary of State").

  5. Submit Application Package: Mail or deliver completed Application/Oath and Bond form, bond documentation, and fee to Secretary of State, 500 E. Capitol Ave., Suite 204, Pierre, SD 57501. File within 60 days of bond’s effective date. SOS forwards to Attorney General for approval, then issues commission certificate.

    • You cannot notarize until you receive your Notary Public Commission Certificate. Processing can take up to 14 business days plus AG review.

Surety Bond Requirements

A $5,000 surety bond is mandatory for commissioning.

  • Options:

    • Surety Bond from Insurance Company: Most common. Purchase from licensed insurer. Fill out bond section on application; surety agent signs and attaches power of attorney.

    • Personal Surety: One SD resident individual assumes liability up to $5,000. Complete Personal Surety form; applicant and surety signatures each notarized by different SD notaries.

  • Term and Liability: Covers entire 6-year commission. Protects the public; if a claim is paid, surety can seek reimbursement from notary. Notary remains personally liable.

  • Filing: Filed with SOS as part of application. Attorney General approves form.

  • Name Changes: Requires a bond rider from surety reflecting new name.

Notary Seal and Journal Requirements

Notary Seal (Stamp) Requirements: Mandatory; obtain before performing notarial acts.

  • Content:

    1. Your name (as on commission/application/oath).

    2. Words “Notary Public” and “South Dakota.”

    3. A border (circular, rectangular, or square).

    4. If rubber ink stamp: must include the word “Seal” within the border.

  • Embossers: Permitted; ensure legible imprint.

  • Expiration Date: Do not put commission expiration date inside the seal’s border. Write or stamp it separately near your signature.

  • Impression: Must be clear, reproducible. Affix an imprint on the application form (becomes official specimen).

  • New/Additional Seals: Submit imprint of any new seal to SOS for approval via Notary Change Form before use.

Journal (Record Book): Not required by South Dakota law, but strongly recommended by SOS for notary's protection.

  • If kept, include: date/time, document/act type, signer(s) name/address, signer's signature in journal, ID method, pertinent details.

  • Store journal and seal securely.

Oath of Office and Recording the Commission

  • Oath of Office: Incorporated into the Notary Application form. Signing the application fulfills the oath requirement. Oath is filed with SOS.

  • Commission Certificate: SOS mails official certificate after approval (shows name, term dates). Verify accuracy.

  • Recording/Posting: No county filing required. Commission recorded by SOS. However, display commission certificate conspicuously in your office or where you notarize.

Commission Term and Expiration

  • Term: Six (6) years from issuance date.

  • No Term Limits: Can renew indefinitely if eligible.

  • Renewal Timeline: Apply up to 60 days before current expiration. Renewing before expiration maintains same commission month/day.

  • Customizing Expiration: Can request specific expiration date for new 6-year term on renewal application (must be future date, application received timely).

  • Employment Changes: Commission belongs to notary, not employer. Remains valid if employment changes (update address/name with SOS).

  • Usage: Post certificate. Never notarize before effective date or after expiration.

Commission Renewal Process

Identical to new application.

  1. Timing: Submit renewal application (same official form) no more than 60 days before current expiration.

  2. New Bond: Purchase new $5,000 bond (or new personal surety) for next 6-year term.

  3. Fee: $30.

  4. Seal Imprint: Provide fresh imprint of seal. If seal has expiration date, get new seal/insert with updated date; submit new imprint.

  5. Submission: Mail completed renewal application, bond, fee to SOS.

  6. Processing: If timely, new term starts after old one ends.

  7. Lapsed Commission: If expired, stop notarizing. Reapply as "new" (new effective date).

  8. Updating Information: Report name, address, or seal changes via Notary Change Form. Name changes require bond rider. Get SOS approval before using new name/seal.

Remote Online Notarization (RON)

RON is legal in South Dakota (effective July 1, 2024, via SB 211, SDCL 18-1-11.2 et seq.).

  • Notary’s Location: Must be physically in South Dakota during RON. Signer can be anywhere.

  • Electronic Documents & System: Applies to electronic records. Use tamper-evident electronic notarization system (SOS may establish standards or approve RON providers).

  • Identity Proofing: Notary must have "personal knowledge, by means of two different methods of identity proofing," of signer’s identity. Typically involves:

    1. Remote ID presentation (government photo ID via video).

    2. Credential analysis (software validation of ID).

    3. Identity quiz (KBA) or similar second method.

  • Audio-Visual Recording: Mandatory. Create and retain A/V recording of entire RON session for ten (10) years. Store securely (notary or platform).

  • Notarial Certificate Wording: Must state act was done remotely via "video communication technology," electronic system used, and signer's location.

  • No Separate E-Notary Commission: Any valid SD notary may perform RON if compliant with laws. Check SOS website for any new guidelines, rules, or notification requirements for RON providers.

  • Scope: Applies to electronic documents. Paper documents for remote signers may involve "remote ink notarization" (RIN) processes (see SDCL 18-1-11.1), distinct from full RON for e-docs.

Official Resources

  • South Dakota SOS – Notary Public Division: sdsos.gov (main source for info, forms). Contact: (605) 773-3537 or [email protected]

  • SD Notary Public Handbook (latest edition July 2024): PDF on sdsos.gov.

  • Notary Application Form (New/Renewal) & Change Form: On sdsos.gov (use form effective 07/01/2024).

  • SD Codified Laws (SDCL): Title 18, Ch. 1 (Notaries Public) & Ch. 4 (Acknowledgments).

  • Notary Public Database Search: Online tool on sdsos.gov to verify commissions.

Frequently Asked Questions (FAQ)

Q: What do I do if my notary seal is lost or stolen?

A: Immediately notify the SOS. You can then get a replacement seal (submit Notary Change Form with new imprint for approval before use) OR request cancellation of current commission and apply for a new one.

Q: What if my name or address changes during my commission?

A: Report to SOS via Notary Change Form. Name changes require a bond rider from surety; get SOS confirmation and new seal before using new name. Address changes update SOS records.

Q: My commission is about to expire (or has expired). How do I renew it, and what happens if it lapses?

A: Renew by submitting new application/bond/fee within 60 days before expiration. If lapsed, stop notarizing; reapply as new (new effective date).

Q: How much can I charge for notary services in South Dakota?

A: Max $10.00 per notarization. No fee for voter absentee ballots/applications. Travel fees by separate agreement.

Q: Does South Dakota allow electronic or remote online notarization? Are there limitations?

A: Yes, RON is legal since July 1, 2024. Notary must be in SD. Requires compliant tech, 2-factor ID proofing, A/V recording (10-yr retention). Certificate notes remote act. Applies to e-docs.

Q: I lost my Notary Public commission certificate. How can I get a new one?

A: Contact SOS Notary Division for a replacement. Display certificate when notarizing.

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