Recording an electronically notarized document in South Dakota: the printed-copy rule

The last quarter of the year is busy for real estate and estate paperwork, and a growing share of it is signed remotely. Remote online notarization (RON) has been legal in South Dakota since 2024 under SDCL 18-1-11.2 through 18-1-11.8. A signed and notarized electronic record is complete in itself, but some offices that record documents still work from paper. South Dakota addresses that gap directly, and the rule is easy to get wrong because it depends on something the notary does, not something the signer does.

What the statute provides

Under SDCL 18-1-11.5 and 18-1-11.6, a register of deeds must accept a printed copy of an electronically notarized record as satisfying a requirement for an original signature. The condition is that the notary attaches a specific certificate to the printed copy. In the statute's own words, the certificate has the notary state that the attached document is an accurate copy of the original electronic record on which the notary's electronic signature and official seal appear, and that the electronic record was printed by the notary or under the notary's supervision. The wording is set out in SDCL 18-1-11.6, and the notary signs and seals it.

Two things follow. First, the printing step is part of the notarial process, not an afterthought. Second, a signer who prints their own copy of the electronic record and walks it into the county office has not met the condition, because the certificate attaches to a copy printed by or under the supervision of the notary.

Who needs to plan for it

• Title and closing offices should decide, before the signing, who prints the record and who attaches the certificate, rather than discovering at the recording counter that the copy is missing it.
• Notaries should keep the electronic record and the recordings in their own files and know where they are, because a certificate attests to what the electronic record says.
• Signers outside South Dakota can sign from anywhere, but the notary must be physically in South Dakota at the moment of the act, so the printing and certificate are also done on the notary's side.

What the rule does not cover

The statute speaks to a South Dakota register of deeds accepting the copy. It does not tell you how a recorder in another state, a federal agency, a lender or a court will treat the same printout, and we have not found a published statement that they must accept it. If the document is going out of state, contact the receiving office first. Some documents also have their own formal requirements apart from notarization, such as witnesses or specific acknowledgment wording, and this rule does not waive those.

The obligations that stay with the notary

None of this changes what RON itself requires. The notary must:

1. hold a South Dakota commission and be physically in South Dakota;
2. verify identity with two different methods of identity proofing;
3. use a tamper-evident electronic notarization system chosen in advance and reported to the Secretary of State on a Notary Change Form;
4. make an audio-visual recording of the entire act and keep it, or have a designated repository keep it, for ten years under SDCL 18-1-11.3.

South Dakota does not approve or list RON platforms, so claims of state approval for a vendor deserve skepticism. The RON guide covers these requirements in full, and the notary fees page explains that the fee statute applies to each instrument notarized without a separate rule for remote acts. Whether a notary may charge separately for printing is not addressed in the sources we reviewed.

A practical sequence for a year-end closing

1. Ask the receiving office early whether it will take a printed copy or an electronic filing.
2. Confirm the notary's e-notary status in the Secretary of State's Notary Public Search.
3. Complete the RON session, with the recording saved.
4. Have the notary print the record, or supervise its printing, and attach the certificate.
5. Send the certified copy for recording and keep the electronic original.

This is general information from published sources, not legal advice. Statutes and procedures can change, so confirm with the Secretary of State and the recording office.