South Dakota (SD)

South Dakota notaries file their oath of office with the clerk of courts in the county where they reside.
To verify a notary's signature:
1. Contact the clerk of courts in the county where the notary filed their oath -- the clerk maintains the commission record.
2. Alternatively, search the SD SOS online notary database or contact the Secretary of State's office at (605) 773-3537.
South Dakota notaries have statewide jurisdiction regardless of their county of residence.
Reference: SDCL 18-1

The South Dakota SOS online notary search includes both active and expired commissions.
1. Search the SD SOS notary database -- expired commission data may still appear in results.
2. If not found online, contact the South Dakota Secretary of State at (605) 773-3537 for historical commission records.
3. You may also contact the clerk of courts in the notary's county of residence for oath records.
Commission term: 6 years.

South Dakota requires every notary to use an official seal on notarized documents. Either a rubber stamp or an embosser is permitted.
Seal requirements (SDCL 18-1-11):
- Type: Rubber stamp or embosser (both acceptable)
- Must include: The notary's name, the words "Notary Public" and "South Dakota", and a border surrounding the imprint
- If a rubber stamp is used, the word "Seal" must also appear
- The commission expiration date must NOT appear inside the seal border (may be placed outside the border)
- No size or ink color requirements
- South Dakota notaries have statewide jurisdiction

South Dakota — Contacting the Notary for Verification

South Dakota law no longer requires notaries to maintain a journal or register of notarial acts. However, the South Dakota Secretary of State strongly recommends that notaries voluntarily keep a journal for legal protection (SDCL § 18-1).

Journal recommendations (if maintained):
- Although not required, a journal can serve as excellent legal protection for the notary in two important ways: (1) if a notarization certificate is lost or damaged, the notary can refer to the journal entry to verify prior existence and purpose; and (2) if a notary is called to testify in a legal proceeding about a notarization, the journal provides an ideal reminder of the facts and circumstances.
- Recommended journal entries include: date and time, type of document and notarial act, signer's name and address, signer's signature in the journal, identification method used, and other pertinent details.

Remote online notarizations:
- For notarial acts involving the use of a tamper-evident notarization system, a notarial officer must retain an electronic audio-visual copy of each notarial act for 10 years from the date of performance.

Right to inspect:
- Because journals are not required by statute for traditional notarizations, there is no statutory right to inspect a notary's journal in South Dakota.
- If a notary voluntarily maintains a journal, access would typically require the notary's consent or a court order or subpoena compelling production.

Key considerations:
- Commission term: Six years.
- Retention: If maintained, the journal and seal should be stored securely. The Secretary of State recommends retaining the journal indefinitely or at least for the duration of the commission term.
- No statutory journal disposition rules apply for traditional notarizations, as journals are not required.
- Thumbprint: South Dakota does not require thumbprints in notary journals.
- For questions about notary practices or to verify a notary's commission, contact the South Dakota Secretary of State Business Services Division — (605) 773-3537, notary@state.sd.us

Relevant statutes: SDCL §§ 18-1-1 et seq.

This information is provided for general reference only, does not constitute legal advice, and may not reflect current law. Laws and procedures change frequently. We make no warranty regarding accuracy or completeness. Consult a qualified attorney in the relevant jurisdiction before taking action.