South Dakota Notary Requirements and E&O Insurance

Is a notary bond required in South Dakota?

South Dakota no longer requires a notary surety bond. For many years the state required notaries to post a $5,000 bond, but House Bill 1133, passed during the 2025 legislative session, eliminated that requirement effective July 1, 2025. The Secretary of State’s office announced the change, noting that removing the bond “removes a barrier that often caused confusion or delay.”

The current statute, Codified Law § 18-1-3, now provides only that each notary, before entering the duties of office, must obtain an official seal and file an impression of that seal together with the oath of office in the Office of the Secretary of State. The bond language that once appeared in the notary chapter has been repealed.

Because there is no bond, no financial guarantee is posted on a notary’s behalf. Anyone harmed by a notary’s misconduct would look to the notary directly. Notaries commissioned before July 1, 2025 are not affected by the change until their next renewal.

How to become a notary in South Dakota

The Secretary of State administers the entire process. The general steps are:

1. Confirm eligibility and prepare your documents. Obtain your official notary seal and complete the oath of office.
2. File the seal impression and oath. Under § 18-1-3, you must file an impression of your official seal along with your oath with the Secretary of State before performing notarial acts.
3. Submit your application and pay the $30 fee. The Secretary of State’s application fee is $30; the office confirmed this fee was unchanged when the bond was removed.
4. Receive your commission. Once the filing is accepted, the Secretary of State commissions you as a notary public.

Because the bond step no longer exists, applicants after July 1, 2025 skip obtaining and filing a surety bond entirely.

Bond vs. E&O insurance in South Dakota

With the bond requirement repealed, the only insurance-type product relevant in South Dakota is optional E&O coverage. The Secretary of State’s FAQ explains that notaries “may choose to buy” E&O insurance for the exclusive protection it provides against claims of negligence and unintentional mistakes. A bond, by contrast, would have protected the public and required the notary to reimburse the surety. E&O protects the notary. In South Dakota today, neither a bond nor E&O is mandatory, so purchasing E&O is purely a personal risk decision.

Renewing your South Dakota commission

When your commission expires, you renew through the Secretary of State by filing an updated oath and seal impression and paying the applicable fee. Notaries who were commissioned before July 1, 2025 will simply not need to obtain a bond at their next renewal, since the requirement has been eliminated for all new and renewing notaries on or after that date.

Remote online notarization in South Dakota

South Dakota law addresses remote and electronic notarization separately from the traditional commission described above. Because requirements in this area are administered by the Secretary of State and continue to evolve, prospective remote or electronic notaries should confirm the current registration steps directly with the Secretary of State’s notary office rather than assume the traditional process is sufficient.

Non-resident notaries in South Dakota

South Dakota notaries may only notarize within the state, and the Secretary of State’s process is built around South Dakota commissioning. The FAQ confirms that a South Dakota notary “can only notarize within the state of South Dakota,” underscoring the state-specific nature of the commission.