Changes to Existing Law

It is a Class 2 misdemeanor for any notary public to affix his A person is guilty of a Class 2 misdemeanor if the person is a notarial officer who affixes the person's official10 signature to documents when any record when the parties to the transaction memorialized in the record have not appeared before him the person either in-person or in accordance with section 3 of this Act.

It is A person is guilty of a Class 1 misdemeanor for a if the person to act as a notary public or to affix a signature to a document as a notary public if the person has not first obtained performs a notarial act on any record without first obtaining a commission from the17 secretary of state pursuant to this chapter under § 18-1-4.

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 A person is guilty of a Class 2 misdemeanor if the person performs a notarial act on a record to which the person or the person's spouse is a party, or in which either the person or the person's spouse has a direct beneficial interest. A notarial act performed in violation of this24 - 9 -HB 1272 section is voidable.

Each notary public A notarial officer shall have a seal which that shall be used for5 the purpose of acknowledging documents a record, whether in tangible or electronic form. The6 seal shall be of a type approved by the secretary of state and shall contain at least the following: (1)The notary's notarial officer's name; (2)The words, South Dakota; (3)The words, notary public; and10 (4)A border surrounding the imprint. In addition, A seal may be a rubber stamp, a physical device capable of affixing to or embossing on a tangible record, or an electronic device or process capable of attaching to or logically associating with an electronic record. A rubber stamp seals seal shall have contain the14 word, seal. A seal shall be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. If a seal is used by a notary public, the notary public shall write, or print by a device made for such printing, below the seal's imprint or print and if not provided by the form, the words, my commission expires, and shall provide a date therefor A notarial officer shall indicate the date on which the notarial officer's commission expires below the seal under this section.

A notary public person who is personally interested directly or indirectly, or as a23 stockholder, officer, agent, attorney, or employee of any other person or party to any a24 - 8 -HB 1272 transaction concerning which he the person is exercising any performing the function of his office as such a notary public, may make any certificates certificate, take any acknowledgments acknowledgment, administer any oaths oath, or do any other official acts act as such a notary3 public with the same legal force and effect as if he the person had no such interest except that he cannot do any of such things in connection with any interest, provided the instrument which shows or record does not show upon its face that he the person or the person's spouse is a6 principal party thereto to the instrument or record.

The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has4 satisfactory evidence on the oath or affirmation of a credible witness, that the person making5 such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is an officer of7 the corporation authorized to execute the instrument.