South Dakota Codified Laws 18-1-1.1. Definitions
Terms in this chapter mean:
(1) “Acknowledgment,” a declaration by a person before a notarial officer that the person has signed a document for the purpose stated in the document and, if the document is signed by a representative who is:
Terms Used In South Dakota Codified Laws 18-1-1.1
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
- Oath: A promise to tell the truth.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Trustee: A person or institution holding and administering property in trust.
(a) An authorized officer, agent, partner, trustee, or other representative of a person other than a natural person;
(b) A public officer, personal representative, guardian, or other representative in the capacity stated in a document;
(c) An attorney-in-fact for a natural person; or
(d) An authorized representative of another person in any other capacity, that the representative signed the document with proper authority and signed it as the act of the person identified in the document;
(2) “Notarial act,” an act that a notarial officer may perform under the laws of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument;
(3) “Notarial officer,” a notary public or other person authorized to perform a notarial act;
(4) “Personal knowledge,” a notarial officer has personal knowledge of the identity of an individual appearing before the officer if either:
(a) The individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. The notarial officer must have known and had regular interactions with the individual for an extended period of time. A mere acquaintance does not amount to personal knowledge for purposes of this definition; or
(b) The notarial officer represents the individual as their attorney, real estate agent, auctioneer, or public accountant, or any combination thereof;
(5) “Verification on oath or affirmation,” a declaration, made by a person on oath or affirmation before a notarial officer, that a statement in a document is true;
(6) “Video communication technology,” an electronic device or process that allows a notarial officer physically located in this state and a remotely located person not in the physical presence of the notarial officer to communicate in real-time with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments.
Source: SL 2019, ch 100, § 1; SL 2021, ch 89, § 1.