South Dakota’s notary system provides a straightforward path for becoming commissioned, requiring minimal steps. The state also allows for remote online notarization (RON), giving notaries the ability to perform digital notarizations. This guide will walk you through the requirements to become a notary public in South Dakota and the steps for renewing your commission, ensuring compliance with state regulations.
1. Requirements to Become a Notary in South Dakota
Becoming a notary public in South Dakota involves meeting specific eligibility criteria and completing a few simple steps. Here's how to get started:
Eligibility Criteria
Before you begin the application process, ensure you meet the following criteria:
- You must be at least 18 years old.
- You must be a resident of South Dakota or have a place of employment within the state.
- You must be able to read and write English.
- You cannot have any felony convictions unless your rights have been restored.
Step 1: Complete the Notary Application
In South Dakota, you must complete a notary public application available through the South Dakota Secretary of State’s website. If you are a non-resident, you must provide proof of employment within the state.
Step 2: Obtain a $5,000 Surety Bond
South Dakota requires notaries to obtain a $5,000 surety bond. This bond protects the public from any errors or misconduct during your notarial duties and must be submitted with your application.
Step 3: Pay the Application Fees
The fee for becoming a notary in South Dakota is $30 for a six-year term. This fee must be submitted with your application and bond.
Step 4: Take the Oath of Office
Once your application is approved, you must take an Oath of Office before a local official or another authorized notary public.
Step 5: File Your Bond with the Secretary of State
After completing your oath, you must file your surety bond with the South Dakota Secretary of State’s office to complete your application.
Step 6: Purchase Your Notary Seal
Once your bond is filed, you must purchase a notary seal that meets South Dakota’s legal requirements. The seal must include your name, the words "Notary Public," "State of South Dakota," and your commission expiration date.
Step 7: Receive Your Commission Certificate
After completing all the necessary steps, you will receive your commission certificate from the South Dakota Secretary of State, confirming your official status as a notary public.
Frequently Asked Questions (FAQ) For New Notaries
1. How long does it take to become a notary in South Dakota?
The processing time generally ranges from 1-2 weeks after submitting your application, bond, and taking the oath of office.
2. Where do I submit my notary application in South Dakota?
Applications must be submitted online through the South Dakota Secretary of State’s website, and your bond must be filed electronically with your application.
3. What happens if my application is denied?
If your application is denied, the South Dakota Secretary of State will inform you of the reasons. You may correct any issues and reapply.
4. Do I need to maintain a notary journal in South Dakota?
While South Dakota does not legally require notaries to maintain a journal, it is highly recommended. Keeping a journal helps protect you from liability and serves as a record of your work.
2. Requirements for Notary License Renewal in South Dakota
In South Dakota, notary commissions are valid for six years, after which you must renew your license to continue performing notarial acts. Here’s what you need to know about renewing your commission:
Step 1: Submit Your Renewal Application
Renewal applications must be submitted online through the South Dakota Secretary of State. The renewal process is similar to the initial application, and you must continue to meet the eligibility requirements.
Step 2: Obtain a New $5,000 Surety Bond
Each renewal period requires securing a new $5,000 surety bond. The bond must be submitted with your renewal application.
Step 3: Pay the Renewal Fees
The renewal fee is $30 for another six-year term, which must be submitted with your bond and renewal application.
Step 4: Take a New Oath of Office
Upon approval of your renewal application, you must take a new Oath of Office before a local official or another authorized notary public. This step is required to finalize your renewal.
Step 5: File Your Bond with the Secretary of State
As with your initial commission, your new bond must be filed with the South Dakota Secretary of State’s office.
Step 6: Update or Replace Your Notary Seal
If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure that the updated seal reflects your renewed commission expiration date.
Frequently Asked Questions (FAQ) For Renewing Notaries
1. What happens if my notary commission expires before I renew?
If your commission expires, you must stop performing notarial acts immediately. You will need to reapply and complete the full application process again.
2. Can I perform remote notarizations in South Dakota?
Yes, South Dakota allows for remote online notarization (RON). You must register with the state and use state-approved technology platforms that comply with South Dakota’s remote notarization requirements.
3. What fees can I charge for notarial services in South Dakota?
South Dakota law allows notaries to charge reasonable fees for their services. Fees must be agreed upon with the client in advance.
4. What should I do if my notary seal or journal is lost or stolen?
If your notary seal or journal is lost or stolen, you must notify the South Dakota Secretary of State immediately. You will need to order a new seal and report any lost or stolen entries from your notary journal.