Are electronic signatures legal in South Dakota?

The rules in chapter 53-12

The Legislature passed South Dakota's UETA in 2000 (Senate Bill 193, session laws chapter 225). Each core rule has its own short section:

• Legal effectNo record or signature may be denied legal effect or enforceability solely because it's electronic (§ 53-12-13).
• ContractsNo contract may be denied legal effect solely because an electronic record was used to form it (§ 53-12-14).
• Writing and signatureAn electronic record satisfies a writing requirement, and an electronic signature satisfies a signature requirement (§§ 53-12-15, 53-12-16).
• EvidenceIn a proceeding, no evidence of a record or signature may be excluded solely because it's electronic (§ 53-12-31).

Blockchain is written into the definitions

A 2019 amendment (session laws chapter 207) wrote blockchain into the act. The definitions of electronic record and electronic signature each include one "secured through blockchain technology" (§ 53-12-1). For an ordinary business, the practical point is simpler: the law cares that a signature was adopted with intent to sign, not which technology captured it.

What the act leaves out

• Wills, codicils and testamentary trusts, including the Uniform Probate Code (§ 53-12-3(1)).
• The Uniform Commercial Code, except a few general sections and chapters 57A-2 (sales), 57A-2A (leases) and 57A-9 (secured transactions) (§ 53-12-3(2)).
• Transactions under chapter 15-6, the rules of civil procedure, and other transactions involving the Unified Judicial System (§ 53-12-3(3)).

Keeping secured transactions inside the act is a South Dakota choice. The uniform text leaves Article 9 out. Court filings, on the other hand, follow the court system's own rules.

Agreement, copies and the federal ESIGN Act

The chapter applies only between parties who have each agreed to transact electronically, judged from context and conduct (§ 53-12-8). Anyone can turn down the next electronic deal, and no contract can take that right away (§ 53-12-9). If you stop a recipient from storing or printing a record, it isn't enforceable against them (§ 53-12-19).

The federal ESIGN Act sets the same baseline nationwide (15 U.S.C. § 7001). Before you email a consumer something a law says they must get in writing, take ESIGN's consent steps (§ 7001(c)). Our plain-English guide explains how the two laws fit together.

Remote notarization in South Dakota

If a law requires notarization, an electronic notarization counts when the notary's electronic signature and required details are attached to the record (§ 53-12-24). A South Dakota notary located in the state can also notarize for a remotely located signer by live video: on paper documents, only for signers the notary personally knows (§ 18-1-11.1), and on electronic records under § 18-1-11.2, added in 2024, which requires two methods of identity proofing, a tamper-evident electronic notarization system and an audio-visual recording. See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

• Put the agreement in writing. A clause saying both sides agree to sign electronically supports a finding of agreement under § 53-12-8.
• Hold on to signing evidence. Section 53-12-21 lets you show who signed by any means, including the security procedure used.
• Retain an accurate final copy. It must reflect the final document and stay accessible for later reference (§ 53-12-25).

South Dakota cares about intent, not technology (§ 53-12-1), so what matters later is showing that each person meant to sign. SignMaster asks every signer to agree to sign electronically before signing and keeps that consent with the disclosure version they saw. The completed PDF, which signers can download, ends with a certificate of completion logging each step with a timestamp.