Page Comparison

Anchor
top top

Last Update:

...

November 26, 2024

...

1. Applicable Law

   1. Uniform Electronic Transactions Act: North Dakota has adopted the Uniform Electronic Transactions Act (NDCC Title 9, Chapter 16, “Electronic Transactions”), including its standard provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (NDCC 9-16-10).

   2. Revised Uniform Law on Notarial Acts: The state of North Dakota has adopted rules, definitions and procedures for electronic notarization in its enactment of the Revised Uniform Law on Notarial Acts (NDCC Chapter 44-06.1). These provisions are summarized below.

2. Tamper-Evident Technology

   1. Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. An individual may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected (NDCC 44-06.1-18.1).

   2. Standards: “If the secretary of state has established standards for approval of technology pursuant to section 44-06.1-25, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (NDCC 44-06.1-18.2).

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

...