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Law

SD Senate Bill 193

Notary Law Update: SD Senate Bill 193

State: South Dakota

Summary:
Senate Bill 193 makes changes to its remote notarization statute by defining terms and adding an acknowledgment certificate for a remote notarization.

Signed:  March 18, 2021

Effective:  July 01, 2021

Chapter: 89

Affects:
Amends Sections 18-1-1.1, 18-1-11.1 of and adds Section 18-4-29 to the South Dakota Codified Laws.

Changes:
  1. Strikes the definition of "communication technology."
  2. Defines "personal knowledge" and "video communication technology."
  3. Clarifies that a notarial officer may perform a notarial act using video communication.
  4. Adds a certificate of acknowledgment for a notarial act performed using video communication.
Analysis:
In 2019, South Dakota enacted House Bill 1272, authorizing remote notarizations. Unlike most other remote notarization enactments, South Dakota required the notarial officer and remote signer to personally know each other and only allowed paper documents to be used. This year in Senate Bill 193, a definition of personal knowledge has been added, as well as a certificate for an acknowledgment that is performed by a remote notarization. Personal knowledge now means "the notarial officer must have known and had regular interactions with the individual for an extended period of time. A mere acquaintance does not amount to personal knowledge for purposes of this definition; or ... the notarial officer represents the individual as their attorney, real estate agent, auctioneer, or public accountant, or any combination thereof." Thus, personal knowledge cannot be a one-off encounter or a "mere acquaintance"; however, presumably it could be both if there is an attorney-client relationship or a relationship in which the notarial officer is the individual's real estate agent, auctioneer, public accountant, or any combination of these.

Read the bill text.

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