South Dakota notaries have been allowed to charge a fee for each instrument they notarize since long before statehood-era law was recodified. What's changed is the ceiling. On July 1, 2025, House Bill 1192 took effect and removed the $10-per-instrument maximum that the fee statute, SDCL 18-1-9, had carried for years. The statute now says a notary may charge a fee — full stop — with one long-standing exception.
2026 figures at a glance
What SDCL 18-1-9 actually says
“A notary public may charge and receive a fee for each instrument notarized, except that no notary public may charge a fee for notarizing a request for an absentee ballot.”
That's the entire statute. It sets no minimum, no maximum, and no suggested amount, and it doesn't distinguish a one-signature acknowledgment from a lengthy document with several notarized signatures — each notarized instrument is its own chargeable act. The Secretary of State's Notary Public Handbook (July 2025 edition) and the office's own notary FAQ page both repeat the statute's wording without adding a dollar figure of their own. That's a deliberate absence, not an oversight: earlier editions of both documents did quote the $10 maximum before it was repealed.
What changed on July 1, 2025
Before July 1, 2025, SDCL 18-1-9 capped the notary fee at $10 per instrument. House Bill 1192 — officially “An Act to remove the maximum fee permitted to be charged by a notary” — passed the House 63–6 and the Senate 21–13, was signed by the Governor on March 12, 2025, and took effect July 1, 2025 along with that session's other notary-law changes, including the bond repeal covered on the home page. The statute's own source line records the amendment as SL 2025, ch 91, § 1.
Nothing else about the fee rule moved. The absentee-ballot exception is untouched, and the fee still applies “for each instrument notarized” rather than per visit or per customer.
What the law still doesn't address
SDCL 18-1-9, the Notary Public Handbook, and the Secretary of State's notary FAQ page say nothing about travel time, mileage, or a separate charge for traveling to a signer. That silence cuts both ways: nothing in published South Dakota law authorizes a travel fee, and nothing in it prohibits a notary and a customer from agreeing to one as a separate, disclosed charge on top of the per-instrument notarization fee. If a specific travel-fee arrangement matters to you, don't assume either answer — ask the Secretary of State's office directly before relying on it.
Fees for remote online notarizations
SDCL 18-1-9 isn't limited to notarizations performed with the signer physically present — it applies to “each instrument notarized,” and South Dakota's remote online notarization statutes (SDCL 18-1-11.2 through 18-1-11.8) don't set out a separate fee rule for an electronic notarial act. See the remote online notarization page for how RON itself works and what it requires.
Who actually sets the fee
The individual notary does, subject only to the absentee-ballot exception above. South Dakota doesn't require a notary to post a fee schedule, and neither the statute nor the handbook says every customer must be charged the same amount. Deciding what to charge, like most of the day-to-day judgment calls a notary makes, is left to the notary.
Common questions
Is there a maximum fee a South Dakota notary can charge?
Can a South Dakota notary charge a travel or mileage fee?
Is there any notarization a South Dakota notary can never charge for?
Does the fee rule apply to remote online notarizations too?
When did South Dakota remove its $10 notary fee cap?
Sources
- South Dakota Codified Laws — SDCL 18-1-9, Fee chargeable by notary — https://sdlegislature.gov/Statutes/18-1-9
- 2025 South Dakota House Bill 1192, “remove the maximum fee permitted to be charged by a notary” (bill history and enrolled text) — https://sdlegislature.gov/Session/Bill/25899
- South Dakota Secretary of State — Notary Public Handbook, July 2025 (PDF) — https://sdsos.gov/general-services/notary-public/docs/SDNotaryPublicHandbook.pdf
- South Dakota Secretary of State — Notary Public Frequently Asked Questions (Q.16, “How much can I charge a customer for a notarization?”) — https://sdsos.gov/general-services/notary-public/notaryfaqs.aspx