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South Dakota Notary Public
Notary fees

South Dakota notary fees

State law lets a South Dakota notary charge a fee for each instrument notarized — and as of a 2025 law change, it no longer says how much. Here's exactly what SDCL 18-1-9 says, what changed, and what it still doesn't answer.

Reviewed against published state sources on September 15, 2026. Rules and figures change — always confirm with the Secretary of State before acting.

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

No cap
Statutory maximum fee
Removed by House Bill 1192, effective July 1, 2025
$10
Former per-instrument cap
What SDCL 18-1-9 capped the fee at until HB 1192
$0
Fee for an absentee ballot request
The one notarization SDCL 18-1-9 still forbids charging for

What SDCL 18-1-9 actually says

SDCL 18-1-9 — Fee chargeable by notary, in full

“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a deliberate absence, not an oversight: earlier editions of both documents did quote the $10 maximum before it was repealed.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

Travel and mileage fees aren't mentioned at all

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?
Not anymore. SDCL 18-1-9 capped the fee at $10 per instrument until House Bill 1192 removed that maximum, effective July 1, 2025. The statute no longer states any dollar limit.
Can a South Dakota notary charge a travel or mileage fee?
State law doesn't say either way. SDCL 18-1-9 and the Secretary of State's Notary Public Handbook address only the per-instrument notarization fee and are silent on travel charges — they're neither authorized nor prohibited by anything the Secretary of State has published.
Is there any notarization a South Dakota notary can never charge for?
Yes — notarizing a request for an absentee ballot. SDCL 18-1-9 makes that the one fee-free notarization, and the 2025 amendment didn't touch it.
Does the fee rule apply to remote online notarizations too?
SDCL 18-1-9 applies to each instrument notarized without distinguishing in-person from remote online acts, and South Dakota's RON statutes don't set a separate fee rule of their own.
When did South Dakota remove its $10 notary fee cap?
July 1, 2025, the same effective date as that legislative session's other notary-law changes. The repeal came from House Bill 1192, signed by the Governor on March 12, 2025.

Sources

  1. South Dakota Codified Laws — SDCL 18-1-9, Fee chargeable by notary — https://sdlegislature.gov/Statutes/18-1-9
  2. 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
  3. South Dakota Secretary of State — Notary Public Handbook, July 2025 (PDF) — https://sdsos.gov/general-services/notary-public/docs/SDNotaryPublicHandbook.pdf
  4. 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