South Dakota e-signature and notarization law

South Dakota's electronic signature law: the Electronic Transactions chapter (S.D. Codified Laws ch. 53-12). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What South Dakota's e-signature law does not cover

South Dakota's law is codified as chapter 53-12, titled Electronic Transactions. Section 53-12-3 says the chapter does not apply to transactions governed by:

• The Uniform Probate Code or other law governing the creation and execution of wills, codicils or testamentary trusts.
• The Uniform Commercial Code, other than §§ 57A-1-107 and 57A-1-206 and chapters 57A-2, 57A-2A and 57A-9.
• Transactions under chapter 15-6 or other transactions involving the Unified Judicial System.

Remote online notarization in South Dakota

Remote online notarization: allowed in South Dakota.

Under SDCL 18-1-11.2, a notarial officer in South Dakota, while located in the state, may perform a notarial act on an electronic record for a person not in the officer's physical presence but observed through video communication technology. The officer creates an audio-visual copy of the act. That section comes from SL 2024, chapter 71.

SDCL 18-1-11.1 separately covers a notarial act on a tangible document for a person observed through video communication technology.

A notarial officer must notify the Secretary of State of the names of each electronic notarization system the officer uses for electronic records. The Secretary of State says notaries record the platform by filing a Notary Change Form, and then receive a certificate showing they are listed as an e-notary.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read South Dakota's law

• Electronic signatures: S.D. Codified Laws ch. 53-12 (SL 2000, ch. 225), exclusions at § 53-12-3.
• Remote notarization: S.D. Codified Laws § 18-1-11.2 (electronic records) and § 18-1-11.1 (tangible documents), notice at § 18-1-11.4.

Checked against South Dakota's published law on November 2, 2026. This is general information, not legal advice.