The South Dakota legislature passed a new Remote Online Notarization (“RON”) law in March 2024, that has been signed by the governor and will be effective as of July 1, 2024. This law, passed as Senate Bill 211, will bring remote online notarizations to the state for the first time, replacing rules that previously only allowed for what is called a remote ink notarization that required the two remote parties to still ink sign any notarized document.
The new bill will specifically allow for a notary to take the acknowledgment of a remotely located individual who electronically signs before the notary using communication technology, and to also apply the notary’s signature electronically. The bill also requires recorders offices to accept an electronically signed document for recording, in lieu of the normal requirement that all such documents contain an original signature. The bill also provides for the recording of a tangible copy of an electronically signed and notarized document when a certification by the notary is also attached certifying the tangible copy is an accurate copy of the electronic record.
The new law contains other provisions that have become typical of new RON legislation such as a requirement the notary keep a recording of all electronic notarizations for at least ten years from the occurrence of the act, notaries must identify with the state at least one electronic notarization platform they will use, and the notary must use at least two methods of identity proofing when confirming the identity of remotely-located individuals.
DocMagic will be making updates to the notarial certificates generated for South Dakota loans in accordance with the requirements of the new RON law to be effective July 1st.
