S.D. Codified Laws § 7-9-7.4

Current through the 2024 Legislative Session

Section 7-9-7.4 - Original signatures required for recording generally-Financing statements-Exhibits-Limited electronic signatures permitted

Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law must contain the original signatures of the parties who execute the document and, if required to be acknowledged or further proven, original signatures of the notary public, witnesses, or other officer taking an acknowledgment. Any financing statement filed and recorded pursuant to chapter 57A-9 is not required to contain the signature of the debtor or the secured party or an acknowledgment.

No original signature is required for any document to be recorded or filed in the register of deeds' records if the document:

(1) Is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law;

(2) Contains electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and is recorded electronically pursuant to chapter 7-9A; or

(3) Is a printed copy of an electronic record containing electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and a certificate acknowledging the authenticity of the copy pursuant to § 18-1-11.5.

SDCL 7-9-7.4

SL 2014, ch 47, §13; SL 2024, ch 71, §1.

Amended by S.L. 2024, ch. 71,s. 1, eff. 7/1/2024.

Added by S.L. 2014, ch. 47,s. 13, eff. 7/1/2014.