Uniform Acknowledgment Act
South Dakota · Oaths and Acknowledgments · §§ 18-5-1 to 18-5-9 · 18 sections
Overview
The Uniform Acknowledgment Act governs how deeds and other written instruments affecting title to real property must be acknowledged or proved before they can be recorded. It designates the classes of officers authorized to take an acknowledgment — within the state, elsewhere in the United States, and outside the country — and prescribes standard certificate forms, the manner in which the officer establishes the identity of the person making the acknowledgment or of a witness proving the instrument, and the execution and authentication of the officer's certificate, including separate treatment of acknowledgments by married persons. It further recognizes acknowledgments taken under the laws of other jurisdictions, validates prior acknowledgments that were defective or unauthenticated as well as those taken for members of the armed forces, and directs that it be construed to make the law uniform among the states that adopt it.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 374 N.W.2d 102 - Contract Materials Co. v. Oahe Land & Cattle Co.
Sections covered
- S.D. Codified Laws § 18-5-1Acknowledgment permitted under chapter or other law
- S.D. Codified Laws § 18-5-10Form of certificate of acknowledgment by attorney
- S.D. Codified Laws § 18-5-11Form of certificate of acknowledgment by public officer or fiduciary
- S.D. Codified Laws § 18-5-12Form of certificate of acknowledgment by partner
- S.D. Codified Laws § 18-5-13Signature of certificate by officer--Endorsement and seal--Effect of failure to endorse--Facsimile on fidelity or surety bonds
- S.D. Codified Laws § 18-5-14Authentication not required
- S.D. Codified Laws § 18-5-15Acknowledgment recognized if valid where executed
- S.D. Codified Laws § 18-5-16Prior acknowledgments not affected by chapter
- S.D. Codified Laws § 18-5-17Uniformity of interpretation of chapter
- S.D. Codified Laws § 18-5-18Citation of chapter
- S.D. Codified Laws § 18-5-2Officers permitted to take acknowledgment within state
- S.D. Codified Laws § 18-5-3Officers permitted to take acknowledgment within United States
- S.D. Codified Laws § 18-5-4Officers permitted to take acknowledgment in foreign country
- S.D. Codified Laws § 18-5-5Identity of person making acknowledgment to be known or proved to officer
- S.D. Codified Laws § 18-5-6Acknowledgment by married person
- S.D. Codified Laws § 18-5-7Officer taking acknowledgment to endorse or attach certificate
- S.D. Codified Laws § 18-5-8Form of certificate of acknowledgment by individual
- S.D. Codified Laws § 18-5-9Form of certificate of corporate acknowledgment1 cite
Enacted in other states
All South Dakota named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code