South Dakota Notary Bond— The State Dropped the $5,000 Requirement
South Dakota is the newest state to stop requiring notaries to post a surety bond. Since July 1, 2025, SDCL §18-1-2 no longer mentions a bond at all — it was struck by House Bill 1133 of the 2025 legislative session. Every notary applying or renewing on or after that date skips the bond step entirely.
- Who requires it: South Dakota Secretary of State (SDCL §18-1-2, as amended by SL 2025, ch 90, § 1).
- Amount: No notary bond is required. South Dakota ended its $5,000 notary bond requirement on July 1, 2025 (HB 1133).
- Timing: Same-day submission; most quotes within one business day.
Why the Bond Disappeared
South Dakota Secretary of State Monae L. Johnson announced the change on June 25, 2025, five days before it took effect. Her office called it a way to remove “a barrier that often caused confusion or delay” for new applicants. Source: South Dakota Secretary of State.
SDCL §18-1-2 — Notary Bond Requirement
Bond Requirement Decrease
Previous Requirement
$5,000 Bond Required
New Requirement
$0 — Bond Eliminated
Everything else about becoming a South Dakota notary — the application, the oath, the $30 fee — carried over unchanged. Notaries commissioned before July 1, 2025 keep their existing bond in force until their commission expires; they simply won't need to replace it at their next renewal.
What Changed vs. What Stayed the Same
Some pages online still describe the pre-2025 bond requirement — outdated information for anyone applying today. Here is the complete before-and-after, verified against the current SDCL Chapter 18-1 and the July 2025 South Dakota Notary Public Handbook.
South Dakota Notary Requirements: Before vs. After HB 1133
| Requirement | Before July 1, 2025 | Since July 1, 2025 |
|---|---|---|
| Surety bond | $5,000 (old SDCL §18-1-2) | Not required |
| E&O insurance | Optional, not required | Optional, not required |
| Application fee | $30 (SDCL §18-1-1) | $30 (unchanged) |
| Oath of office | Required (SDCL §18-1-2 / §3-1-5) | Required (unchanged) |
| Commission term | 6 years (SDCL §18-1-1) | 6 years (unchanged) |
| Seal filed with SOS | Required (SDCL §18-1-3) | Required (unchanged) |
| Notary journal | Not required by statute | Not required by statute |
Sources: SDCL §18-1-1, §18-1-2, §18-1-3 (current); South Dakota Secretary of State press release, June 25, 2025.
The South Dakota Filing Sequence: Application → Oath → Seal → Commission
With the bond gone, this is the entire path to a South Dakota notary commission. Learn more about how surety bonds normally work if you're comparing states, or check our surety bond glossary for terminology.
File the Application
Complete the Secretary of State's application form with your name, street address, county, and date of birth — using the exact name that will appear on your seal. Pay the $30 fee. Applicants convicted of a felony may not be appointed (SDCL §18-1-1). Non-residents who work in South Dakota but live in a bordering county are also eligible.
Take the Oath
Before performing any notarial act, you must take the oath of office required by SDCL §3-1-5 (SDCL §18-1-2). There is no notary exam in South Dakota — the oath is the only sworn step in the process.
Obtain and File Your Seal
Buy an official seal from any office supply store, stationer, or print shop — South Dakota does not issue one. File an impression of the seal together with your signed oath at the Office of the Secretary of State (SDCL §18-1-3).
Receive Your Commission
Once the Secretary of State approves your application, seal, and oath, your commission is issued and takes effect that day. You are not authorized to notarize anything until the commission certificate is issued — not from the date you mailed your application.
Commission Term & Renewal Timeline
A South Dakota notary commission lasts six years from the date it is issued, expiring at midnight on the exact anniversary date (SDCL §18-1-1). See how this compares on our notary bond cost by state guide and the full 50-state notary bond requirements guide.
Renewal Window
You may submit your renewal application no more than 60 days before your current commission expires. The Secretary of State cannot back-date an application, so mail it before — not on — your expiration date.
If You Were Commissioned Before 7/1/2025
Your existing bond stays valid through the remainder of your current six-year term. You are not required to cancel it early — it simply expires with your commission, and your next renewal will not ask for a replacement.
Changing Your Name or Seal
Any change to your legal name, address, or seal must be filed and approved by the Secretary of State using a Notary Change Request Form before you use the new information. This has not changed under HB 1133.
Seal Requirements (SDCL §18-1-3.1)
South Dakota does not provide or sell an official seal — you buy your own, in a raised embossed style or rubber ink stamp. There are no size or color rules, but every seal must contain:
- Your name exactly as it appears on your application and oath
- The words “Notary Public” and “South Dakota”
- A border fully surrounding the imprint
- Your commission expiration date placed outside the border, if included
No Journal Requirement (Mostly)
Unlike roughly 30 other states, South Dakota does not statutorily require notaries to keep a journal or register of notarial acts for standard in-person notarizations. The Secretary of State's handbook recommends keeping one anyway — it's often a notary's best evidence if a notarization is later challenged.
Exception: remote and electronic notarial acts must be recorded on video, and the notary must retain that audio-visual copy for 10 years (SDCL §18-1-11.3).
Remote & Electronic Notarization in South Dakota
South Dakota built its remote-notarization framework in two steps — video-witnessed paper documents in 2019, then full remote online notarization (RON) of electronic records via Senate Bill 211 in the 2024 session. Neither track requires a bond, but both add duties beyond the standard in-person process. See our national RON requirements guide for how this compares state to state.
Video-Witnessed Paper Documents (SDCL §18-1-11.1, 2019)
- • Signer appears by video, not in person, while the notary confirms identity through personal knowledge
- • The notary must physically mail the original document; the signer notarizes on video, then mails the original back for the notary to affix the seal
- • Both signatures must be on the original tangible document — nothing is executed purely electronically under this track
Full RON on Electronic Records (SDCL §18-1-11.2–11.8, SB 211 / 2024)
- • Requires two-method identity proofing of the signer, plus a tamper-evident electronic notarization system
- • The notary must notify the Secretary of State of every tamper-evident system used, on forms the Secretary prescribes
- • Every remote act must produce an audio-visual recording, retained for 10 years
- • The notary must still be physically located in South Dakota; the signer can be anywhere
Do You Still Need E&O Insurance?
A surety bond never covered the notary — it reimbursed the person harmed by a mistake, then the surety came after the notary to recover that money. E&O insurance works the other way: it protects you, paying legal defense costs and covering honest mistakes up to your policy limit. With no bond in the picture anymore, E&O is the only financial backstop a South Dakota notary can buy. Compare the two in depth in our notary bond vs. E&O insurance guide.
Light notarization volume — occasional acknowledgments and affidavits
Most common tier for working notaries and loan signing agents
Higher-volume or RON notaries handling higher-value transactions
Pricing reflects typical E&O policy costs for notaries nationwide (BuySuretyBonds market data, August 2026); many notary bonds don’t require a credit check. E&O is optional in South Dakota — it is not filed with the Secretary of State.
Official South Dakota Requirements
"Each notary public, before performing the duties of the office, shall take an oath as required by § 3-1-5."South Dakota Legislature (Codified Laws) • SDCL §18-1-2 (as amended by SL 2025, ch 90, § 1)
No Bond to Buy — Just Protect Yourself With E&O
Skip the search for a South Dakota notary bond you no longer need. Get an E&O quote instead.
Get Your E&O QuoteWho Can Become a South Dakota Notary
There is no minimum age or citizenship rule written into SDCL Chapter 18-1 beyond South Dakota residency (or bordering-county work). Check our notary bond cost calculator if you also need to bond in a neighboring state, and compare all 50 states in our notary bond requirements finder.
Residency & Eligibility
Residency: Must reside in South Dakota as defined by SDCL §12-1-4, OR reside in a county bordering South Dakota with a place of work or business inside the state (SDCL §18-1-1).
Disqualification: The Secretary of State may not appoint anyone convicted of a felony.
Jurisdiction: A South Dakota notary may act in any county in the state, not just the county where commissioned — but must be physically located in South Dakota for every act, including remote ones.
No Exam, No Education Course
Unlike states such as Ohio or Montana, South Dakota does not require a pre-licensing course or exam for a standard commission. The oath of office is the only sworn requirement, and it must state the notary will “faithfully and impartially” perform the duties of the office.
Identification for notarizations may rely on personal knowledge, government-issued photo ID (driver's license, tribal ID, passport, military or student ID), or a credible witness.
Learn more in our Learning Center, explore all types of surety bonds, and browse the surety bonds hub. South Dakota businesses may also need a contractor license bond or auto dealer bond. Compare bond vs. cash deposit and bond vs. insurance to understand your options.
South Dakota Notary Bond — Frequently Asked Questions
Do South Dakota notaries need a surety bond?
No — not anymore. Effective July 1, 2025, House Bill 1133 eliminated the statutory requirement for a $5,000 notary bond. SDCL §18-1-2 no longer contains bond language; it now only requires the oath of office under SDCL §3-1-5. This applies to every new and renewing notary on or after July 1, 2025.
I was commissioned before July 1, 2025 — do I need to cancel my existing bond?
No action is required. Per the South Dakota Secretary of State, notaries commissioned before July 1, 2025 are not affected until their next renewal. Your existing bond simply runs out with your current commission; when you renew, you will not need to purchase a new one.
Why did South Dakota get rid of the notary bond?
HB 1133 passed during the 2025 legislative session as part of a broader effort to streamline the notary application process. Secretary of State Monae L. Johnson said the change "removes a barrier that often caused confusion or delay." The $30 application fee and oath requirement were unaffected.
Should I still buy E&O insurance if the bond is gone?
It's worth considering. A surety bond never protected the notary personally — it reimbursed a wronged member of the public, and the notary was then on the hook to repay the surety. With the bond gone, notaries who make an error have no coverage at all unless they carry their own errors and omissions (E&O) policy. E&O is optional in South Dakota, not required by SDCL 18-1, but it's now the only financial protection available to a notary who is sued.
Do South Dakota notaries have to keep a journal?
Not for standard in-person notarizations — South Dakota does not statutorily require a notary journal or register. The Secretary of State's handbook still recommends keeping one voluntarily, since a journal is often the notary's best defense in a dispute. The one exception is electronic/remote acts: SDCL §18-1-11.3 requires an audio-visual recording of each remote notarization to be retained for 10 years.
How much does it cost to become a notary in South Dakota now?
Just the $30 application fee paid to the Secretary of State (SDCL §18-1-1). There is no bond premium to budget for. Your only other cost is an official seal, which you purchase yourself from an office supply store or stamp maker — the state does not provide one.
Explore the notary bonds hub for all 50 states, or use the notary bond requirements finder. Compare South Dakota to bordering states: North Dakota ($7,500, 4-year term), Nebraska ($15,000, 4-year term), Montana ($25,000), Minnesota (not required), Iowa (not required), and Wyoming (not required). See notary bond costs by state for the full national picture.
Official South Dakota Sources
SD SOS — How to Become a Notary
Official application instructions and current fees
Bond Elimination Press Release
SOS announcement, June 25, 2025
SD Notary Public Handbook (July 2025)
Full duties, seal rules, RON procedures
SDCL §18-1-1 (Appointment)
6-year term, $30 fee, eligibility
SDCL §18-1-2 (Oath)
Current text — bond language removed
SDCL §18-1-3.1 (Seal Rules)
Required seal elements and format
Estimate Your South Dakota Notary Bond Premium
Free calculator — ballpark cost in under 60 seconds, no email required.
Other South Dakota Bonds
Additional surety bonds available in South Dakota
All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-listed surety carriers.
South Dakota Notary? Skip the Bond, Get Covered Anyway
No bond required since July 1, 2025 • Optional E&O from $20 • Application still just $30