Legislation
State: South Dakota
Signed: March 26, 2014
Effective: July 01, 2014
Chapter: 47
SummarySenate Bill 68 enacts the Uniform Real Property Electronic Recording Act (URPERA), authorizing a South Dakota county register of deeds to electronically record real property documents. The bill allows Notaries to use electronic signatures in notarizing electronic real property documents.
AffectsAdds as yet uncodified sections to the South Dakota Codified Laws.
Changes - Enacts the Uniform Real Property Electronic Recording Act.
- Permits a Notary to use an electronic signature to notarize an electronic real property document without affixing an image of the Notary’s official physical seal.
- Creates an Electronic Recording Commission with 13 members specified under the new law to promulgate technical standards to implement the act and directs the Commission to consider standards that render electronic documents “resistant to tampering.”
AnalysisSouth Dakota has enacted the Uniform Real Property Electronic Recording Act. The Act contains the stock notarization provision, permitting a Notary to use an electronic signature in notarizing any electronic real property document submitted for recording electronically with a county recorder of deeds. In performing an electronic notarial act, a Notary is not required to place an image of a Notary seal on the electronic document as long as the information within the seal is placed on the document. The Act establishes an electronic recording commission to publish technical standards for implementing the Act. We are pleased that South Dakota chose to enact the so-called “security provision,” requiring the electronic recording commission to promulgate standards for electronic recording that render electronic documents resistant to tampering.