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Law

SD Senate Bill 148

Notary Law Update: SD Senate Bill 148

State: South Dakota

Summary:

South Dakota enacts the Uniform Power of Attorney Act (UPOAA), requiring a power of attorney to be acknowledged before a Notary or other officer authorized to take acknowledgments.

Signed:  March 20, 2020

Effective:  July 01, 2020

Chapter: TBD

Affects:

Creates Sections 59-12-1 through 59-12-43 of the South Dakota Codifed Laws.

Changes:
  1. Enacts the Uniform Power of Attorney Act.
  2. Requires a power of attorney to be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. 
  3. Requires a power of attorney to be acknowledged before a Notary or other individual authorized to take acknowledgments.
  4. Exempts from the Act (a) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) A power to make health care decisions; (c) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; or (d) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
  5. Provides a statutory power of attorney form with an acknowledgment certificate.

Analysis:

South Dakota enacts the Uniform Power of Attorney Act. For all powers of attorney governed by the Act, a Notary or other notarial officer must notarize the signature of the principal on the power of attorney. The definition of "sign" allows the parties to use electronic signatures and the Act specifically requires the signatures and attestations of all parties to be performed and conducted in the presence of each other.

Read the bill text.

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