Setting up for remote online notarization in South Dakota

More South Dakota notaries are adding remote online notarization (RON) as year-end signings pile up. Before you think about equipment, know what South Dakota law requires. Then set up a space that makes the required recording clean and the session uneventful.

What the law requires of you

Per SDCL 18-1-11.2 through 18-1-11.4, as reproduced in the Secretary of State's Handbook:

• You must be physically in South Dakota during the act. The signer can be anywhere; jurisdiction follows the notary's location.
• Two different methods of identity proofing are required.
• The certificate must say so. It must state the signer's remote location and that the signer appeared by video communication technology using a tamper-evident electronic notarization system.
• You must create an audio-visual copy of the act and retain it for ten years from the date of the act, or have a designated repository hold it.
• You choose a tamper-evident system and notify the Secretary of State of each one on the prescribed form before performing electronic notarizations. No one can require you to use a system you haven't selected.

The Handbook also says the state doesn't supply your electronic seal; you get it through your platform vendor, and it must meet the same content rules as a physical seal. Platform research is on you. See our RON guide and the year-end RON checklist for more.

What the statute doesn't say about hardware

The statute and Handbook name no camera, microphone or lighting standard. Your platform sets its own technical requirements, so read them first and treat everything below as optional comfort. It's still sensible to think about gear in terms of the legal duties above. You need to see and hear the signer clearly to prove identity, and the recording should show what happened.

A home setup, in order of usefulness

• A quiet, private room. A closed door matters more than any gadget, since a session may involve a signer's personal documents. Silence also makes the recording easier to review years from now.
• A webcam. A laptop camera often works, but an external one can sit at eye level and frame a signer's ID. Searching for a USB webcam shows many options; check your platform's requirements before buying.
• A headset. A headset with a microphone keeps the signer's voice clear and avoids echo, which helps when a recording must stand on its own.
• Lighting. Face a window or add a small desk light so your face and seal are visible. Avoid a bright window behind you.
• A scanner. If you handle paper alongside electronic records, a portable scanner is a convenience for clean copies. It's not required.
• A power backup. A session that drops mid-act is stressful. A small battery backup for your router is one way to reduce that risk, and a wired connection is another.

Dry-run before the first real signing

1. Confirm you're physically in South Dakota.
2. Open your platform and test your camera, microphone and screen share.
3. Record a short practice session and confirm you can play it back with clear audio and video.
4. Decide where the recording will be stored for ten years, or which repository will hold it.
5. Check that your platform is listed on your change form with the Secretary of State.

Where to go from here

RON is a small hardware project but a real legal obligation, and the obligation comes first. If you want a short list of common items in one place, our notary supplies page gathers them. As always, confirm current requirements with the Secretary of State.