Can a South Dakota notary notarize for family, an employer or themselves?

The short answer

A South Dakota notary may notarize a document in which they have a personal, financial or employment interest, and the notarization has the same legal force as if they had none. The single statutory exception is being a principal party to the document. If your own signature is on the document as a party, you cannot also sign it as the notary; doing so is a crime. Relatives are not mentioned in the statute at all.

That answer comes from two sections of SDCL Chapter 18-1, and it is worth reading them side by side because they do different jobs: one is a validity rule, the other is a criminal rule.

Rule 1: interest does not void the act (SDCL 18-1-7)

Section 18-1-7 says a person who is "personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee" of a party may make any certificate, take any acknowledgment, administer any oath or do any other official act "with the same legal force and effect as if the person had no interest," provided the document "does not show upon its face that the person is a principal party."

Three practical consequences follow:

• Workplace notaries are expressly protected. A bank teller notarizing a customer's loan papers, a paralegal notarizing an affidavit for a client of the firm, or an office manager notarizing a vendor contract the company signs are all within the statute. Being an employee of a party is one of the named interests.
• Owning a stake is not disqualifying by itself. A shareholder of a company can notarize the company's officer's signature, because the shareholder is not the party signing.
• The test is what the document shows. The statute looks at the face of the instrument. If you appear on it as a grantor, grantee, borrower, buyer, seller or affiant, you are a principal party, whatever else is true.

Note what 18-1-7 does not say. It does not say an interested notary is wise to act, and it does not stop a court from voiding a transaction on other grounds. SDCL 18-1-11.8 adds that even a defective notarial act stays valid, but that this does not prevent an aggrieved person from trying to invalidate the underlying record or transaction. An interested notary is the first thing a challenger points to.

Rule 2: never notarize your own signature (SDCL 18-1-12.2)

Section 18-1-12.2 is short: it is a Class 1 misdemeanor "for a person to affix a signature to a document as a notary public when the person has also signed the document as a party to the transaction proceeding." Under SDCL 22-6-2, a Class 1 misdemeanor carries a maximum of one year in county jail, a $2,000 fine, or both, plus court-ordered restitution to any victim.

The consequence for the commission is automatic rather than discretionary. SDCL 18-1-13 says a notary convicted of any misdemeanor in Chapter 18-1 "shall be removed from office by the secretary of state."

Common ways people stumble into this:

• Co-signing a vehicle title transfer or a deed with a spouse, then stamping the spouse's signature on the same document. You signed as a party; you cannot notarize it, even for the other signer.
• Signing as the corporate officer on a contract and then notarizing the other company's officer on the same instrument.
• Executing your own affidavit or power of attorney and "self-notarizing" to save a trip.

In each case the fix is the same: another notary does it. South Dakota notaries are common at banks, county offices and law offices, and since 2024 a signer can also use remote online notarization with a different notary.

What about relatives?

No section of Chapter 18-1 mentions spouses, children, parents or other family. Under 18-1-7, a relative's interest is just another kind of interest, and the act is valid unless the notary is a principal party on the document's face. Notarizing a parent's will-related affidavit, or an adult child's car title where you are not a buyer or seller, is not prohibited by the statute.

That is not the same as advisable. The Secretary of State's Notary Public Handbook describes the notary as an impartial witness, and two practical problems come up with family:

1. Recipient policy. Many lenders, title companies and federal agencies set their own rules and reject a notarization by a relative of the signer. The statute makes the act valid; it does not make the recipient accept it. Ask before you stamp.
2. Hidden interest. A spouse's deed may convey property you have a marital interest in even if your name is not on it. If the instrument's terms benefit you, a later dispute will characterize you as interested, and you are the witness whose impartiality is being attacked.

The "personal knowledge" trap

A notary must know or have satisfactory evidence that the signer is who they claim to be (SDCL 18-5-5). With family, the temptation is to skip the ID because you obviously know your brother. South Dakota defines that shortcut precisely. Under SDCL 18-1-1.1(7), personal knowledge exists when the individual is known "through dealings sufficient to provide reasonable certainty," which requires that the notary "have known and had regular interactions with the individual for an extended period of time." The statute adds: "A mere acquaintance does not amount to personal knowledge."

So a sibling you see every week qualifies. A spouse's cousin you met at two weddings does not, and neither does a coworker in another department whose name you know from email. When in doubt, look at a government photo ID and write down what you checked.

The same definition contains a professional twist worth knowing: a notary who represents the individual as their attorney, real estate agent, auctioneer or public accountant is treated as having personal knowledge of them. That is an identification rule, not a conflict rule; it does not change the principal-party line in 18-1-12.2.

A worked decision path

1. Is your name on the document as a party? Yes → stop. Refer the signer to another notary. (SDCL 18-1-12.2)
2. Do you benefit from the document, or work for someone who does? That alone does not stop you (SDCL 18-1-7), but note it and consider declining if a dispute is foreseeable.
3. Will the recipient accept a related or interested notary? If it is a mortgage, title transfer or government filing, ask. Policies are stricter than the statute.
4. Can you identify the signer? Long, regular acquaintance or satisfactory evidence such as an ID. Not a guess. (SDCL 18-1-1.1(7), 18-5-5)
5. Is the signer physically in front of you, or properly on a registered RON system? Signing without the party's appearance is a Class 2 misdemeanor under SDCL 18-1-11, even for a relative who "already signed at home."

That last point catches more family notarizations than the conflict rules do. "Dad signed it, can you just stamp it?" is the most common request a notary receives from relatives, and the answer is no regardless of how well you know him. Our signer and certificate checklist walks through the appearance and identification steps in order.

FAQ

Can I notarize my spouse's or parent's signature in South Dakota?

No South Dakota statute names relatives. SDCL 18-1-7 lets an interested notary act unless the document shows on its face that the notary is a principal party. Whether you should is a separate judgment about impartiality, and many title companies and lenders refuse family notarizations as a matter of policy.

Can I notarize a document I signed myself?

No. SDCL 18-1-12.2 makes it a Class 1 misdemeanor to sign a document as a notary when you also signed it as a party to the transaction, punishable by up to one year in county jail, a $2,000 fine, or both, and conviction requires the Secretary of State to remove you.

Can I notarize documents for my employer?

Yes. SDCL 18-1-7 expressly covers a notary who is a stockholder, officer, agent, attorney or employee of a party, so long as the document does not show the notary as a principal party to it.

Does knowing a relative count as identifying them?

It can, but only under the statutory definition in SDCL 18-1-1.1(7): regular interactions over an extended period sufficient to give reasonable certainty. A mere acquaintance does not qualify.

This page summarizes statutes; it is not legal advice. Confirm anything that matters with the Secretary of State or an attorney.