Before an instrument can be recorded, unless it belongs to one of the classes specified in § 43-28-2 or unless its record has been authorized by the judgment or order of a court of competent jurisdiction, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its authorized officer or it must be proved as provided by § 18-4-18 or as provided by §§ 18-4-19 and 18-4-20 and such acknowledgment or proof must be certified as required in chapter 18-4.

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Terms Used In South Dakota Codified Laws 43-28-8

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: CivC 1877, § 648; CL 1887, § 3269; RCivC 1903, § 962; RC 1919, § 570; SDC 1939, § 51.1602; SL 1943, ch 173.