South Dakota notary bond
South Dakota notary bond at a glance
- Bond required
- No (repealed)
- Voluntary bond
- $5,000, 6 years
- Total cost, full term
- $95
- Statute
- SDCL 18-1-2, as amended by HB 1133 (2025)
- Commissioning authority
- South Dakota Secretary of State
Key takeaways
- South Dakota no longer requires a notary bond by statute.
- A voluntary $5,000 bond is available for employers and clients that require one, at $95 for the term.
- South Dakota notaries remain personally liable for their notarial errors; Notary E&O insurance is the protection that matters.
Surety and fidelity underwriter, attorney and author of The Contractor's Guide to Surety Bonds. Updated September 2026.
South Dakota no longer requires a notary bond
Effective July 1, 2025, South Dakota eliminated its $5,000 notary bond requirement (HB 1133). South Dakota notaries remain personally liable for damages caused by their notarial acts. Surety One continues to write a voluntary $5,000 six-year South Dakota notary bond for notaries whose employers, signing services or clients require one.
What repeal did and did not change
Repealing the bond removed a filing requirement; it did not remove the notary's liability. A South Dakota notary who takes a defective acknowledgment, fails to identify a signer, or notarizes for a person who never appeared remains answerable in damages to anyone injured, and remains subject to discipline by the South Dakota Secretary of State. Before repeal a claimant could look to the surety for the first $5,000; now the claimant looks directly to the notary.
Why South Dakota notaries still buy a bond
South Dakota no longer requires a bond to be filed with the application. A voluntary bond may be purchased and kept on file with the notary or provided to an employer or signing service that requires one. Employers, title and escrow companies and signing services frequently require their notaries to be bonded as a matter of internal policy, and some out-of-state obligees ask for proof of a bond regardless of South Dakota law. Our voluntary South Dakota notary bond costs $95 for the term and is issued the same business day.
The coverage that actually protects you
Because no bond stands between a South Dakota notary and a claimant, Notary Errors & Omissions insurance is the product that matters. It pays claims for honest errors in official notarial acts, funds a defense, and does not have to be repaid. Limits from $10,000 to $100,000 or more are available for South Dakota notaries.
Remote notarization in South Dakota
South Dakota authorizes remote notarization. No bond is required by the state.
Voluntary South Dakota bonds issue the same business day, or apply for Notary E&O alone.
Order a voluntary South Dakota bond Paper application (PDF)South Dakota notary bond questions
Does South Dakota require a notary bond?
Not any longer. Effective July 1, 2025, South Dakota eliminated its $5,000 notary bond requirement (HB 1133). South Dakota notaries remain personally liable for damages caused by their notarial acts. Surety One continues to write a voluntary $5,000 six-year South Dakota notary bond for notaries whose employers, signing services or clients require one.
Why would I buy a voluntary South Dakota notary bond?
Some employers, title companies and signing services require their notaries to be bonded regardless of state law. A voluntary bond satisfies that request and costs $95 for the term.
What protects a South Dakota notary from claims?
Notary Errors & Omissions insurance. Because the state no longer requires a bond, the notary's personal exposure for notarial errors is uninsured unless an E&O policy is carried.