South Dakota Remote Online Notarization (RON) Laws
RON EnactedEffective June 30, 2020
Quick Facts
- Status
- RON Enacted
- Year Enacted
- 2019
- Statute
- S.D. Codified Laws § 18-1-1 et seq.
- Bill Number
- SB 127
South Dakota RON Law Overview
In 2019, South Dakota enacted its RON statute (SB 127) under S.D. Codified Laws § 18-1-1 et seq., joining the growing number of states that permit fully remote notarizations. The law took effect on June 30, 2020. The law requires notaries to use approved technology platforms that support real-time audio-video communication, credential analysis, and tamper-evident sealing. South Dakota's approach to RON balances accessibility with security, establishing clear standards for identity verification while enabling notarizations to occur without geographic limitations.
Legal Citations
South Dakota RON Requirements
Under South Dakota law, every remote online notarization must take place via real-time audio-video communication between the notary and the signer. Credential analysis of a government-issued photo ID is required to verify the signer's identity. The signer must successfully complete knowledge-based authentication (KBA), answering personal questions generated from public records and credit data to confirm their identity. The notary is required to keep an electronic journal documenting each transaction and to use tamper-evident sealing on all notarized documents. Audio-video recordings of each RON session must be retained for at least 10 years.
- Audio-video required
- Yes
- Tamper-evident seal
- Required
- Electronic journal
- Required
- Recording retention
- 10 years
- Credential analysis
- Required
- KBA required
- Yes
- Commissioned in state
- Required
- RON endorsement
- Required
Interstate Recognition
South Dakota generally recognizes remote online notarizations performed by notaries commissioned in other states that have enacted equivalent RON legislation. Documents notarized via RON in another state may be accepted for recording and legal purposes in South Dakota, subject to compliance with the originating state's RON requirements.
Frequently Asked Questions
Is remote online notarization legal in South Dakota?
Yes, South Dakota has enacted permanent RON legislation in 2019 under S.D. Codified Laws § 18-1-1 et seq.. Remote online notarization is fully legal and authorized for South Dakota-commissioned notaries who meet the state's RON requirements.
What are the identity verification requirements for RON in South Dakota?
South Dakota requires credential analysis of a government-issued photo ID and knowledge-based authentication (KBA) for all remote online notarizations. The signer must correctly answer personal questions generated from authoritative data sources.
Do I need a special endorsement to perform RON in South Dakota?
Yes, South Dakota requires notaries to obtain a RON endorsement or registration in addition to their standard notary commission before performing remote online notarizations.
What technology is required for RON in South Dakota?
South Dakota requires RON sessions to use real-time two-way audio-video communication. Documents must be sealed with tamper-evident technology. An electronic journal must be maintained for all remote notarizations. Session recordings must be retained for 10 years.
Does South Dakota accept out-of-state RON?
South Dakota generally recognizes remote online notarizations performed by notaries commissioned in other states with equivalent RON laws. However, specific recording offices may have additional requirements.