North Dakota - U.S. Notary Reference

Last Update: January 9, 2024

QUICK FACTS

Notary Jurisdiction

1. Statewide: (NDCC 44-06.1-07.1.a] and 47-19-13).

2. Reciprocity: North Dakota recognizes notarial acts performed in North Dakota by any Notary commissioned by a bordering state if that state recognizes acts performed by North Dakota Notaries in the bordering state. Currently, Montana is the only state to reciprocate (NDCC 44-06.1-09).

Notary Term Length

Four years (NDCC 44-06.1-20.5), expiring at midnight on the commission expiration date (NN, July 2011).

Notary Bond

$7,500 “assurance” in the form of a surety bond or its functional equivalent (NDCC 44-06.1-20.4).

Notary Seal

Required (NDCC 44-06.1-14.2] and 44-06.1-23.8).

Notary Journal

Required for remote notarial acts (NDCC 44-06.1-16.1.1).

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ADMINISTRATION AND RULES

Commissioning Official

The North Dakota Secretary of State appoints, commissions, and maintains records on the state’s Notaries (NDCC 44-06.1-01.7], 44-06.1-20 and 44-06.1-21).

Contact Information

1. Address: Office of Secretary of State
   Accounting/Notary Unit
   600 E. Boulevard Ave.
   Department 108
   Bismarck, ND 58505-0500

2. Phone: 701-328-2901
   800-352-0867

3. Website: https://sos.nd.gov/notaries-public

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the North Dakota Century Code (NDCC) Title 44, Chapter 44-05, “Administration of Oaths”; Title 44, Chapter 44-06.1, “Revised Uniform Law on Notarial Acts”; Title 44, Chapter 44-08, “Miscellaneous Provisions”; and Title 47, Chapter 47-19, “Record Title.”

2. Guidelines: Other guidelines for Notaries are in the “Notary Notes” (NN) newsletter published by the North Dakota Secretary of State and available on the website.

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COMMISSIONING AND APPOINTMENT

Commission Process

1. Qualifications: An applicant for appointment as a North Dakota Notary Public must:
   (a) be at least 18 years of age;
   (b) be a citizen or permanent legal resident of the United States;
   (c) either be a resident of North Dakota, have a place of employment or practice in North Dakota or reside in a county that borders North Dakota and that is in a state that extends a similar reciprocity to Notaries who reside in North Dakota border counties;
   (d) be able to read and write English; and (e) not be disqualified to receive a commission under NDCC 44-06.1-21(1), which details the numerous grounds for revoking a Notary commission (NDCC 44-06.1-20.2).

2. Course: Not required.

3. Exam: Not required.

4. Application: Effective August 1, 2023, all applications for a Notary Public commission must use the form provided through FirstStop, the North Dakota Secretary of State’s online filing system. All questions in the online application form must be answered, including the information regarding the surety for the applicant’s $7,500 surety bond. At the end of the online application form, the applicant will be instructed to print out the application and have the “Affidavit of Qualifications and Oath of Office” notarized (but not by the applicant). The applicant must submit the completed paper application form, original six-year $7,500 Notary bond “or its functional equivalent” and a $36 filing fee payable by check, cashier's check, or money order payable to "Secretary of State." If an applicant uses an application form in which FirstStop was not used, the Secretary of State’s office will return the application for correction.
   On the bond form, the signatures of both the applicant and a representative of the surety company must be notarized by a Notary who is not the applicant.
   After receipt of the application, oath, bond and fee, the Secretary of State will issue to an applicant a certificate of authorization, which must be presented to a Notary stamp vendor in order to obtain an official Notary stamping device. The Notary must affix an impression of the new stamp on the certificate of authorization and then return it to the Secretary of State. After the certificate is approved and filed, a Notary commission will be issued to the applicant (NDCC 44-06.1-16). The applicant may begin using the stamping device on or after the commencement date listed on the commission certificate (website, “How to Become a Notary Public”).
   “An impression of the stamping device must be received in the Secretary of State’s office on or before the month and day listed in the authorization letter. The impression must be received in the Secretary of State’s office before a certificate of commission can be issued. (The impression) cannot be accepted past the month and day listed in the authorization letter. Otherwise, a new authorization must be obtained and the applicant must purchase a new official notary stamping device with a new commission expiration date.” The stamp impression may be mailed, faxed or scanned and emailed (NN, July 2010).

5. Background Screening: Not required.

6. Non-Residents: If a North Dakota Notary resides out of state in a county bordering North Dakota, “that person by applying for a commission in this state appoints the secretary of state as the agent for service of process, for all purposes relating to notarial acts, including the receipt of correspondence relating to notarial acts” (NDCC 44-06.1-20.2).

7. Reappointment: To initiate the renewal process, the Secretary will notify each Notary by mail at least 30 days before the Notary’s term of office expires (NDCC 44-06.1-20.8). “A notary public commission may be renewed up to sixty days before the commission's expiration date by reapplying in the same manner as required for an original commission” (NDCC 44-06.1-20.5).

8. No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide a notary public any immunities or benefits conferred by law of this state on public officials or employees” (NDCC 44-06.1-20.6).

Notification to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. 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).

2. Remote Notarial Acts: “Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under [NDCC 44-06.1-13] subsection 13 and [NDCC] section 44-06.1-25 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (NDCC 44-06.1-13.12).

Online Search

An online search of North Dakota Notaries is available through the North Dakota Secretary of State’s FirstStop business filing system at https://firststop.sos.nd.gov/search/notary. Searches may be limited to active Notaries, Notaries who have notified the Secretary of State that they will be performing notarial acts on electronic records, and Notaries who have notified the Secretary that they will be performing remote notarizations.

Jurisdiction

“A notarial act may be performed in this state by the following individuals … [a] notary public of this state” (NDCC 44-06.1-07.1.a).

“The proof or acknowledgment of an instrument may be made at any place within this state before a judge, or the clerk, of the supreme court, or a notary public” (NDCC 47-19-13).

Reciprocity: “A notarial act performed in this state by a notarial officer of a bordering state has the same effect as if the act were performed by a notarial officer of this state, if the bordering state grants notarial officers of this state similar authority within that state” (NDCC 44-06.1-09).

Term Length

“On compliance with [NDCC 44-06.1] subsections 1, 2, 3, and 4, the secretary of state shall issue a notary public commission to an applicant for a term of four years, unless sooner removed by the secretary of state” (NDC 44-06.1-20.5).

Bond

”Before issuance of a commission as a notary public, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of seven thousand five hundred dollars and is subject to approval by the secretary of state. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state” (NDC 44-06.1-20.4).

Changes of Status

1. Address Change: “Each notary public issued a commission shall notify the secretary of state in writing within sixty days of any change of address” (NDCC 44-06.1-20.9).
   Notaries who change their business or residence address to another location within North Dakota may use FirstStop to complete the form necessary to update an address change.
   Notaries who change their residence address to a county bordering North Dakota in a state that extends reciprocity to North Dakota residents in border counties may also use FirstStop to complete the required form.
   Notaries who change their residence address to a location outside of North Dakota and the counties bordering North Dakota and who do not maintain a place of employment or practice in North Dakota must resign their commission within 60 days.
   There is no charge for filing a change of address (website, “Forms and Fees”).

2. Name Change: “A notary who has legally changed the notary’s name shall submit to the secretary of state a rider to the notary’s surety bond stating both the old and new names, the effective date of the new name, and a ten dollar fee within sixty days of the name change. After notification to the secretary of state of the name change and a commission with the notary’s new name is received, the notary may continue to use the old stamping device but must sign any notarial certificate substantially as follows:
   Notary Public North Dakota
   Formerly known and commissioned as __________
   My commission expires
   Notary Seal
   “Upon receipt of the rider and fee, the secretary of state shall issue a certificate of authorization that the notary public must use to obtain a new stamping device. The notary shall place an impression of the notary's stamp on the certificate of authorization and return the certificate of authorization to the secretary of state. After the authorization is on file, the secretary of state shall issue a commission with the notary's new name” (NDCC 44-06.1-27).
   In addition to the bond rider and $10 fee, Notaries who change their names must use FirstStop to complete the necessary form (website, “Forms and Fees”).

3. Resignation: A Notary who resigns the commission must notify the Secretary of State’s office within 30 days and provide an effective date using FirstStop to submit the necessary form. Further, the Notary’s stamp must be destroyed (NDCC 44-06.1-17).

There is no charge for filing a resignation (website, “Forms and Fees”).

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NOTARIAL ACTS

Authorized Acts

1. Notarial Acts: North Dakota Notaries are authorized to perform the following notarial acts:

   1. Take acknowledgments and proofs (NDCC 44-06.1-01.5] and 47-19-21);

   2. Administer oaths and affirmations (NDCC 44-05-01.4] and 44-06.1-01.5);

   3. Take verifications on oath or affirmation (NDCC 44-06.1-01.5);

   4. Witness or attest signatures (NDCC 44-06.1-01.5);

   5. Certify or attest copies (NDCC 44-06.1-01.5);

   6. Certify or attest that a tangible copy of an electronic record is an accurate copy of the electronic record (NDCC 44-06.1-03.2);

   7. Note protests of negotiable instruments (NDCC 44-06.1-01.5).

2. In-Person Electronic and Remote Online Notarial Acts: North Dakota Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.

Acknowledgments

1. Definition: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or person identified in the record” (NDCC 44-06.1-01.1).

2. Requirements: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual” (NDCC 44-06.1-04.1).
   “The acknowledgment of an instrument must not be taken unless the officer taking it knows or has satisfactory evidence (or) the oath or affirmation of a credible witness that the person making the acknowledgment is the individual who is described in and who executed the instrument, or if executed by a corporation or limited liability company, that the officer or manager making such acknowledgment is authorized to make it as provided in section 47-10-05.1” (NDCC 47-19-20).
   “An acknowledgment is the simple authentication of a signature which may or may not have been signed in front of a notary. It proves … that the signer personally appeared before the notary, was identified, and that the individual declared that he or she signed the document for the purpose stated in the document. It acts as a safeguard against forgery and undue influence” (NN, July 2011).
   “To make an acknowledgment, the document signer must personally appear before the notary public, and declare that he or she has executed and signed the document. The notary should ensure that the signer understands the document and has not been coerced into signing. If there is any question about the signer’s willingness to execute the document or his or her understanding of the terms of the document, a notary should refuse to notarize” (website, “Certificates of Notarial Acts”).
   In lieu of acknowledgment before a Notary or other authorized officer, a document transferring title to personal property may be signed by the transferor in the presence of two witnesses, who must also sign the document (NDCC 47-19-50).

Proofs

“Proof of the execution of an instrument when not acknowledged may be made:
“1. By the party executing it;
“2. By a subscribing witness; or
“3. By other witnesses in cases mentioned in sections 47-19-23 and 47-19-24” (NDCC 47-19-21).

“If proof of the execution of an instrument is made by a subscribing witness, such witness must be known personally to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness” (NDCC 47-19-22).

“Officers authorized to take the proof of instruments are authorized in such proceedings:
“1. To administer oaths or affirmations;
“2. To employ and swear interpreters; and
“3. To issue subpoenas, obedience to which may be enforced as provided by title 28” (NDCC 47-19-36).

Proof of the execution of a document may be established by handwriting in certain cases, such as when the principals and all subscribing witnesses are deceased, reside out of state or at an unknown location or refuse to cooperate (NDCC 47-19-23 and 47-19-24).

The notarial certificate for a proof of execution by a subscribing witness must include the names and places of residence of all witnesses and “the substance of the evidence given by witnesses” (NDCC 47-19-25).

Oaths and Affirmations

“A person conscientiously opposed to swearing may affirm and is subject to the penalties of perjury as in [the] case of swearing” (NDCC 44-05-02).

Verifications on Oath or Affirmation

1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (NDCC 44-06.1-01.13).

2. Requirements: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (NDCC 44-06.1-04.2).
   “Some certifications are for the authentication of a signature made under oath or affirmation. An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts. The signer personally appears before the notary to swear (or affirm) to the notary, who is an officer duly appointed to administer oaths, that the information contained in the document is true. A person who makes a false oath or affirmation may be subject to criminal charges” (website, “Certificates of Notarial Acts”).
   A verification or jurat “should begin with the administration of an oath or affirmation. The notary may want to ask the signer ‘Do you swear (or affirm) that the information contained in this document is true?’ After receiving an affirmative answer and a signature on the document, the notary completes a proper notarial certificate indicating that an oath or affirmation was taken. A jurat is attached to an affidavit or other sworn statement which must be signed by the individual in front of the notary” (NN, July 2011).

Signature Witnessings or Attestations

Requirements: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (NDCC 44-06.1-04.3).

“A notary may simply be asked to witness or attest the signature of the person signing the document. The person must personally appear before the notary and sign the document in the presence of the notary prior to completion of the certificate” (website, “Certificates of Notarial Acts”).

Copy Certifications

1. Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (NDCC 44-06.1-04.4).
   “Copy certifications prove the notary compared the copy of a document with the original and the copy is a true, correct and complete copy of the original. Notaries are not authorized to certify a copy of a ‘recordable document,’ such as birth and death certificates, recorded titles to property, college transcripts or anything bearing an official government seal” (website, “Certificates of Notarial Acts”).
   “A notary public may not make or purport to make any certified copy of a vital record, a recordable instrument, or a public record containing an official seal …” (NDCC 44-06.1-23.7).

2. Paper Printout of Electronic Record: “A notarial officer may certify a tangible copy of an electronic record is an accurate copy of the electronic record. The prohibition under subdivision b of subsection 7 of section 44-06.1-23 does not apply to a tangible copy certified under this subsection” (NDCC 44-06.1-03.2).

3. Improper Copy Certifications: “A notary public may not make or purport to make any copy of a vital record, a recordable instrument, or a public record containing an official seal if:
   “(1) The document is a copy or certified copy of any vital record authorized or required by law to be registered or filed;
   “(2) The document is a copy or certified copy of an instrument entitled by law to be recorded; or
   “(3) The document is a copy or certified copy of a public record containing an official seal” (NDCC 44-06.1-23.7).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (NDCC 41-03-62.2).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 41-03-62” (NDCC 44-06.1-04.5).
   “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (NDCC 41-03-62.2).

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STANDARDS OF PRACTICE

Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (NDCC 44-06.1-05).

2. Remote Notarial Acts: “A remotely located individual may comply with [NDCC] section 44-06.1-05 by using communication technology to appear before a notary public” (NDCC 44-06.1-13.1.2).

Identification

1. Notarial Acts

   1. Requirement: In taking an acknowledgment or a verification on oath or affirmation, or in witnessing or attesting a signature, a Notary “shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer … has the identity claimed” (NDCC 44-06.1-04.1] through .3).

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed (NDCC 44-06.1-06.1).
      “This is the safest and best method to verify a person’s identity. It does not require any witnesses or identification cards. The notary simply has personal knowledge from association with the person, which would establish the person’s identity” (website, “Notary Responsibilities”).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
      “a. By means of:
      “(1) A passport, driver’s license, or government-issued nondriver identification card that is currently valid or expired not more than three years before performance of the notarial act; or
      “(2) Another form of government identification issued to an individual that is currently valid or expired not more than three years before performance of the notarial act, contains the individual’s signature or a photograph of the individual, and is satisfactory to the officer; or
      “b. By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card that is currently valid or expired not more than three years before performance of the notarial act” (NDCC 44-06.1-06.2).
      “Identification card or papers – This method of verifying a person’s identity involves examining the photograph, accurate physical description and signature. Requesting two forms of identification can further confirm a person’s identity. Acceptable forms of identification include a passport, driver’s license or government-issued identification card which contains the person’s signature or a photograph of the person and is satisfactory to the notary” (website, “Notary Responsibilities”).
      “Credible witness – A credible witness is a third person who has personal knowledge of the document signer’s identity. The credible witness must verify on oath or affirmation the document signer’s identity. The notary must be able to identify the credible witness by personal knowledge or on the basis of an identification card or papers” (website, “Notary Responsibilities”).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (NDCC 44-06.1.06.3).

2. Remote Notarial Acts

   1. Definition: “‘Identity proofing’ means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (NDCC 44-06.1-13.1.1.c).

   2. Requirement: “A notary public located in this state may use communication technology to perform a notarial act for a remotely located individual if … t]he notary public:
      “(1) Has personal knowledge under subsection 1 of [NDCC] section 44-06.1-06 of the identity of the remotely located individual;
      “(2) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under subsection 2 of section 44-06.1-06 or this section; or
      “(3) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing; …” (NDCC 44-06.1-13.1.3.a).

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
   “(a) The individual executing the record is competent or has the capacity to execute the record; or
   “(b) The individual’s signature is knowingly and voluntarily made” (NDCC 44-06.1-07.1).
   “The notary should ensure that the signer understands the document and has not been coerced into signing. If there is any question about the signer’s willingness to execute the document or his or her understanding of the terms of the document, a notary should refuse to notarize” (website, “Certificates of Notarial Acts”).
   “A notary may refuse to perform a notarial act if the notary believes that the person is not competent or lacks the capacity to execute the instrument or if the notary does not believe that the person is executing the instrument knowingly or voluntarily” (website, “FAQs”).
   “One method to determine the competency or capacity of an individual is to ask common questions, such as the person’s name or address, the date, where he or she is at the time, etc. If a person is unable to answer these questions, the individual may be lacking competency or capacity. It is ultimately up to the notary public to make the decision whether to notarize a person’s signature” (NN, August 2013).

2. General Grounds: “Except as prohibited by law other than the provisions of this chapter, a notarial officer may refuse to perform a notarial act” (NDCC 44-06.1-07.2).

Incomplete Documents

“A notary public may not notarize a signature on a document if … [t]he signature is on a blank or incomplete document” (NDCC 44-06.1-23.6.h).

“Always scan your document to be sure there are no blanks” (NN, July 2010).

Signature by Mark

“[O]n a rare occasion a notary may need to notarize the signature of a person who signs by way of mark. The person may be illiterate or may have a physical disability that prohibits the person from signing in a customary manner. There are no additional procedures required by law when notarizing the signature. However, it may be beneficial to take extra precautions by using the guidelines below:
“1. Question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is illiterate, read the entire document to him or her. If the person does not understand, do not notarize the document.
“2. Obtain proper identification from the person signing the document.
“3. Prior to the person signing the document, print the person’s first name at the beginning of the signature line and the person’s last name at the end of the signature line. Right below the signature line, write the words ‘His Mark’ or ‘Her Mark.’ Example:

John X Doe
His Mark

“4. Ask the person to make his or her mark on the signature line.
“5. It is also recommended that a person(s) with no interest in the transaction witness the signing and notarization of the document and that the name and the person(s) address be clearly printed below his or her signature.
“6. The notary should insert something in the certificate similar to ‘Signature affixed by (insert name of the person) by way of mark in the presence of these witnesses’” (website, “FAQs”).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (insert name of other individual) at the direction of (insert name of individual)’ or words of similar import” (NDCC 04-06.1-08).

“A person who is physically unable to sign the instrument may instruct another person (other than the notary) to sign the person’s name on the instrument in his or her presence. The notary should then insert something in the certificate similar to ‘Signature affixed by (insert name of other person) in the presence of and at the direction of (insert name of person).’ The notary should also follow the guidelines below:
“1. Question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is blind, read the entire document to him or her. If the person does not understand, do not notarize the document.
“2. Obtain identification from the person with the disability. However, it is not necessary to require identification from the designated signer.
“3. It is also recommended that a person(s) with no interest in the transaction witness the signing and notarization of the document and that the name and the person’s address be clearly printed below his or her signature” (website, “FAQs”).

Disqualifying Interest

1. Personal or Spouse: “A notary public may not notarize a signature on a document if: …
   “b. The name of the notary public or the spouse of the notary public appears on the document as a party or in which document either individual has a direct beneficial interest or if either individual appears as a signatory to a petition within the meaning of section 1-01-50. A notarial act performed in violation of this subdivision is voidable.
   “c. The signature is that of the notary public or the spouse of the notary public” (NDCC 44-06.1-23.6.b] and .c).
   “An individual authorized by law to take or receive the proof or acknowledgment of the execution of an instrument or affidavit and to certify to the same may not take or receive the proof, acknowledgment, or affidavit or certify to the same if that individual is a party to the instrument or a member of any partnership that is a party to the instrument, or if the husband or wife of that individual is a party to the instrument. An acknowledgment taken or received in violation of this section is invalid” (NDCC 47-19-33).
   “North Dakota law specifically states that a notary public cannot notarize a petition if the notary or the notary’s spouse signed the petition. This includes petitions that are being circulated to place a measure on the election ballot. When notarizing the signature of the petition circulator, the notary should make sure that the notary did not sign that specific copy of the petition in an individual capacity. If the notary wants to sign the petition, he or she should sign a copy of the petition that will be notarized by another notary public” (NN, October 2016).

2. Other Family Members: “Although not prohibited by law, it is recommended that a notary not notarize a document for a close family member, such as a parent, sibling or other close relative. Notarizing documents for these individuals can sometimes cause the notary to appear biased and is often an ethical issue. If a family member requests that you notarize a document for them, it is best to refer the family member to another notary to avoid any possible conflicts” (website, “FAQs”).

3. Corporate Status: “No person otherwise qualified or authorized by law to take and receive the proof or acknowledgment of an instrument or affidavit and to certify thereto shall be disqualified by reason of being an officer, director, employee, or stockholder of any corporation or a manager, governor, employee, or member of any limited liability company which is a party to such instrument …” (NDCC 47-19-34).

Unauthorized Practice of Law

No Authority: “A commission as a notary public does not authorize an individual to:
“a. Assist in drafting legal records, give legal advice, or otherwise practice law;
“b. Act as an immigration consultant or an expert on immigration matters;
“c. Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
“d. Receive compensation for performing any of the activities listed in this subsection” (NDCC 44-06.1-12.1).

False or Deceptive Advertising

1. General Prohibition: “A notary public may not engage in false or deceptive advertising” (NDCC 44-06.1-12.2).

2. ‘Notario Publico’: “A notary public, other than an attorney licensed to practice law in this state, shall not use the term ‘notario’ or ‘notario publico’” (NDCC 44-06.1-12.3).

3. Prohibited Representation: “A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law” (NDCC 44-06.1-12.4).

4. Mandatory Notice: “If a notary public, who is not an attorney licensed to practice law in this state, in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities. If the form of advertisement or representation is not broadcast media, print media, or the internet, and does not permit the inclusion of the statement required by this subsection because of size, it must be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed” (NDCC 44-06.1-12.4).

Displaying Commission

The Notary’s commission must be posted in a “conspicuous place” in the Notary’s office or place of employment (NDCC 44-06,1-20.5).

Actual Date of Notarization

“A notary public may not notarize a signature on a document if … [t]he date of the verification on oath or affirmation or acknowledgment is not the actual date the document is to be notarized or the verification on oath or affirmation or acknowledgment is undated” (NDCC 44-06.1-23.6.e).

Witnessing Signature or Taking Acknowledgment

“A notary public may not notarize a signature on a document if … [t]he document was not first signed or re-signed in the presence of the notary public, in the case of a verification on oath or affirmation, or in the case of an acknowledgment, was not acknowledged in the presence of the notary public” (NDCC 44-06.1-23.6.a).

Original Signature

“A notary public may not notarize a signature on a document if … [t]he signature on the document or the notarial certificate is not an original signature, except as otherwise provided by law” (NDCC 44-06.1-23.6.f).

False or Fraudulent Acts

“A notary public may not notarize a signature on a document if … [t]he notary is falsely or fraudulently signing or notarizing a document, verification on oath or affirmation, or acknowledgment or in any other way is impersonating or assuming the identity of another notary” (NDCC 44-06.1-23.6.g).

English Translation

“A notary public may not notarize a signature on a document if … [i]n the case of a document drafted in a language other than English, the document is not accompanied by a permanently affixed and accurate written English translation” (NDCC 44-06.1-23.6.i).

Signing and Stamping

“A notary should not just sign and affix his or her notary stamp to a document. It does not mean anything.… To have a complete legally recognized notarial act, (certificate wording) is required along with a venue. Without them, it does not establish when and where the notarization occurred and whether the notary had the authority to act in the place in which it occurred” (NN, July 2008).

If a venue and certificate wording “is not on the document being notarized, the notary is responsible for either writing or typing the information on the document. To just sign and stamp a document and consider it notarized could result in disciplinary action” (NN, July 2007).

Pre- or Post-Dated Document

“Am I allowed to predate or postdate a document I am notarizing if the individual signed or acknowledged the document on a different day? – No. A notary cannot notarize a document in which the date on the certificate is not the actual date the document is being notarized. Also, a notary cannot notarize a document without completing the date on the certificate” (website, “FAQs).

Health Care Directives

“1. To be legally sufficient in this state, a health care directive must:
“a. Be in writing;
“b. Be dated;
“c. State the principal’s name;
“d. Be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal;
“e. Contain verification of the principal’s signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and
“f. Include a health care instruction or a power of attorney for health care, or both.
“2. A health care directive must be signed by the principal and that signature must be verified by a notary public or at least two or more subscribing witnesses who are at least eighteen years of age. A person notarizing the document may be an employee of a health care or long-term care provider providing direct care to the principal. At least one witness to the execution of the document must not be a health care or long-term care provider providing direct care to the principal or an employee of a health care or long-term care provider providing direct care to the principal on the date of execution. The notary public or any witness may not be, at the time of execution, the agent, the principal’s spouse or heir, a person related to the principal by blood, marriage, or adoption, a person entitled to any part of the estate of the principal upon the death of the principal under a will or deed in existence or by operation of law, any other person who has, at the time of execution, any claims against the estate of the principal, a person directly financially responsible for the principal’s medical care, or the attending physician of the principal. If the principal is physically unable to sign, the directive may be signed by the principal’s name being written by some other person in the principal’s presence and at the principal’s express direction” (NDCC 23-06.5-05).

The certificate to be used by the Notary in such declarations is as follows (NDCC 23-06.5-17):

STATE OF NORTH DAKOTA )
County of ___________ )

In my presence on ____________ (date), __________________ (name of declarant) acknowledged the declarant’s signature on this document or acknowledged that the declarant directed the person signing this document to sign on the declarant’s behalf.

_________________________________ (STAMP)
Signature of Notarial Officer
Title of Officer
(My commission expires:________________)

Wills

1. Paper Wills: An amendment to North Dakota’s probate statutes that took effect August 1, 2009 — House Bill 1072 — permits a last will to be acknowledged before a Notary or other officer authorized to take acknowledgments as an alternative to witnessing of the will by two persons (NDCC 30.1-08.02).

2. Self-Proving Wills: “A will that is executed with attesting witnesses may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer’s certificate, under official seal, attached or annexed to the will” (NDCC 30.1-08-04.1).
   The acknowledgment of the testator and affidavits of the witnesses must comply with the statutory form for the acknowledgment and affidavit in NDCC 30.1-08-04(2).
   A will also may be made self-proving any time after the execution of the will by the acknowledgment of the testator and affidavits of the witnesses, which must comply with the statutory forms (NDCC 30.1-08.4.2).

3. Electronic Wills: Effective August 1, 2021, House Bill 1077 authorizes electronic wills to be acknowledged before a Notary.
   “Subject to subsection 4 of section 30.1-37-06, an electronic will must be:
   “a. A record that is readable as text at the time of signing as provided under subdivision b;
   “b. Signed by:
   “(1) The testator; or
   “(2) Another individual in the testator's name, in the testator's conscious presence, and
   by the testator's direction; and
   “c. Either:
   “(1) Signed by at least two individuals, each of whom signed within a reasonable time
   after witnessing:
   “(a) The signing of the will as provided under subdivision b; or
   “(b) The testator's acknowledgment of the signature as provided under
   subdivision b or acknowledgment of the will; or
   “(2) Acknowledged by the testator before a notary public or other individual authorized
   by law to take acknowledgments” (NDCC 30.1-37-04.1).

4. Self-Proving Electronic Wills: “An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.
   “2. The acknowledgment and affidavits under subsection 1 must be:
   “a. Made before an officer authorized to administer oaths under law of the state in which
   execution occurs; and
   “b. Evidenced by the officer's certificate under official seal affixed to or logically associated
   with the electronic will” (NDCC 30.1-37-06.1] and .2).
   The acknowledgment of the testator and affidavits of the witnesses must comply with the statutory electronic form for the acknowledgment and affidavit in NDCC 30.1-37-06(3).

I-9 Forms

“The Department of Homeland Security – Employment Eligibility Verification I-9 form does not require notarization. Therefore, if a notary is presented with this form, the notary should not notarize the form. If it is requested that the notary be the authorized representative for the employer, the notary may complete the form, but this would not be in a notary public capacity and the notary should not include his or her notary stamp on the form. The authorized representative only certifies that he or she reviewed the identification provided by the employee and states when the employee began employment. This is not a notarial act” (NN, August 2013).

In-Person Electronic Notarial Acts

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: “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).

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

Remote Notarial Acts

1. Applicable Law: North Dakota has enacted the Revised Uniform Law on Notarial Acts amendments for notarial acts performed for remotely located individuals (NDCC Chapter 44-06.1). These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required. “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).
      “The notary should do thorough research before selecting a provider. Regardless of which provider is selected by the notary, the provider’s RON communication technology must comply with the legal requirements listed in N.D.C.C., ch. 44-06.1” (website, “Remote Online Notarization”).

   2. Listing of System Providers: The Secretary of State maintains a listing of providers who offer their platforms to North Dakota Notaries at https://sos.nd.gov/notaries-public/remote-online-notarization.html, but clarifies that the Secretary’s listing is not meant as an endorsement of any provider (website, “Remote Online Notarization”).

3. Confirmation of Record: “A notary public located in this state may use communication technology to perform a notarial act for a remotely located individual if … [t]he notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature …” (NDCC 44-06.1-13.1.3.b).

4. Journal of Remote Acts: For the requirement that a Notary make a journal entry of each notarial act performed for a remotely located individual, see “Records of Notarial Acts,” below.

5. Recording of Remote Act: For the requirement that a Notary make a recording of each notarial act performed for a remotely located individual, see “Records of Notarial Acts,” above.

6. Remotely Located Individual Located Outside the United States: “A notary public located in this state may use communication technology to perform a notarial act for a remotely located individual if … [f]or a remotely located individual located outside the United States:
   “(1) The record:
   “(a) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
   “(b) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
   “(2) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (NDCC 44-06.1-13.1.3.d).

7. Remote Oaths and Affirmations: “A notary public located in this state may use communication technology under [NDCC 44-06.1-13.1] subsection 3 to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by another law of this state, the notary public:
   “a. Identifies the individual under subdivision a of subsection 3;
   “b. Creates or causes the creation under subdivision c of subsection 3 of an audiovisual recording of the individual taking the oath or affirmation; and
   “c. Retains or causes the retention un der subsection 11 o f the recording” (NDCC 44-06.1-13.1.8).

Paper Remote Notarial Acts

1. Acknowledgments Only: “A notary public located in this state may use communication technology under [NDCC 44-06.1-13.1] subsection 3 to take an acknowledgment of a signature on a tangible record physically present before the notary public if the record is displayed to and identified by the remotely located individual during the audiovisual recording under subdivision c of subsection 3” (NDCC 44-06.1-13.1.4).

2. Confirmation of Paper Record: “The requirement under subdivision b of subsection 3 for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:
   “a. The remotely located individual:
   “(1) During the audiovisual recording under subdivision c of subsection 3 , signs:
   “(a) The record; and
   “(b) A declaration, in substantially the following form, that is part of or securely attached to the record:
   I declare under penalty of perjury that the record of which this declaration is a part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on (date).
   _____________________________
   Signature of remotely located individual
   _____________________________
   Printed name of remotely located individual; and
   “(2) Sends the record and declaration to the notary public not later than three days after the notarial act was performed” (NDCC 44-06.1-13.1.5).

3. Audio-Visual Recording: A Notary who performs a notarial act using communication technology on a paper record must make an audio-visual recording of the notarial act. In the audio-visual recording, the Notary must record the individual signing the record and declaration (NDCC 44-06.1-13.1.5.b[1]); see “Records of Notarial Acts,” above).

4. Certificate of Notarial Act: After receipt of the paper record and declaration from the individual, the notarial officer must execute the certificate of notarial act required by NDCC 44-06.1-14, which must include the following statement or words of similar import: “I [name of notary public] witnessed, by means of communication technology, [name of remotely located individual] sign the attached record and declaration on [date]” (NDCC 44-06.1-13.1.5.b[2]).

5. Alternative Procedures Authorized: “Subsection 5 does not preclude use of another procedure to satisfy subdivision b of subsection 3 for a notarial act performed with respect to a tangible record” (NDCC 44-06.1-13.1.7).

6. Effective Date of Notarial Act: “A notarial act performed in compliance with [NDCC 44-06.1-13.1] subsection 5 complies with subdivision a of subsection 1 of section 44-06.1-14 and is effective on the date the remotely located individual signed the declaration under subparagraph b of paragraph 1 of subdivision a of subsection 5 [of NDCC 44-06.1-13.1]” (NDCC 44-06.1-13.1.6).

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of any original record provided by an individual who seeks performance of a notarial act by the notary public” (NDCC 44-06.1-12.5).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (NDCC 44-06.1-14.1).
   “A notary is accountable for every word in the notarial certificate. A notary shall not notarize any document which does not have a complete notarial certificate on the document or on an attachment to the document.... Notary certificates do not need to be typed or printed in order to be valid. They may be handwritten in ink. The notary certificates do not need to be on the same page as the signature being notarized. If necessary, the notary may prepare the certificate on a separate page and attach it to the document containing the notarized signature. If the certificate is on a separate page, it may be beneficial to add additional wording for extra security, such as: ‘This notary certificate is prepared on a separate page and is attached to the document entitled _________, containing ______ pages and is attached to that document by means of _______ (staple, glue, tape)’” (website, “Certificates of Notarial Acts”).

2. Specific Requirements: “The certificate must:
   “a. Be executed contemporaneously with the performance of the notarial act;
   “b. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
   “c. Identify the jurisdiction in which the notarial act is performed;
   “d. Contain the title of office of the notarial officer; and
   “e. Indicate the date of expiration, if any, of the notarial officer’s commission, if the officer is a notary public” (NDCC 44-06.1-14.1).

3. Tangible Records: “If a notarial act is performed by a notary public regarding a tangible record, the notary public’s official stamp must be affixed to the certificate. If a notarial act is performed by a notarial officer, other than a notary public, regarding a tangible record and the certificate contains the information specified in [NDCC 44-06.1-14] subdivisions b, c, and d of subsection 1, an official stamp may be affixed to the certificate” (NDCC 44-06.1-14.2).

4. Electronic Records: “If the notarial act is performed by a notarial officer regarding an electronic record and the certificate contains the information specified in subdivisions b, c, and d of subsection 1, an official stamp may be attached to or logically associated with the certificate” (NDCC 44-06.1-14.2).

Certificate Forms

North Dakota has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms and other certificate forms authorized in other statutes appear below.

Electronic Notarial Certificate

“If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 44-06.1-24 for attaching, affixing, or logically associating the certificate, the process must conform to those standards” (NDCC 44-06.1-14.6).

In addition, an electronic certificate for a notarial act is sufficient only if it meets the other requirements cited in NDCC 44-06.1-14.

Remote Notarial Certificate

“If a notarial act is performed under this section, the certificate of notarial act under [NDCC] section 44-06.1-14 and the short-form certificate under section 44-06.1-19 must indicate the notarial act was performed using communication technology” (NDCC 44-06.1-13.4).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of [NDCC 44-06.1-12] subsections 1 and 2 and:
   “a. Is in a short form set forth in section 44-06.1-19;
   “b. Is in a form otherwise permitted by the law of this state;
   “c. Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
   “d. Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 44-06.1-04, 44-06.1-05, and 44-06.1-06 or other law” (NDCC 44-06.1-14.3).

2. Remote Notarial Acts: “A short-form certificate under [NDCC] section 44 -06.1-19 for a notarial act subject to this section is sufficient if it:
   “a. Complies with the rules adopted under subdivision a of subsection 13; or
   “b. Is in the form under [NDCC] section 44-06.1-19 and contains a statement in substantially the following form: ‘This notarial act involved the use of communication technology’” (NDCC 44-06.1-13.5).

Security of Certificate

“If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 44-06.1-25 for attaching, affixing, or logically associating the certificate, the process must conform to the standards” (NDCC 44-06.1-14.6).

Selecting a Certificate

“Even if the requester does not know what type of certificate of a notarial act is required, the notary should never, on behalf of the signer, select the notarial wording to be used.… [T]he notary may present the different types of statutory short forms available in NDCC § 44-06.1-19 and let the signer choose from among them. Or, the requester could be directed to contact the issuing or receiving agency or his or her attorney for further instructions” (NN, July 2011).

“If the notary public were to mistakenly choose the wrong type of certificate, the document may result in legal consequences for the signer, including financial losses. If the person is not sure which type of notarization is needed on a document, the notary public may explain the different types so that the signer may choose which notarial act he or she would like the notary public to perform. In the alternative, the signer may contact the issuing or receiving agency to help determine which act is required” (NN, September 2015).

Correcting a Certificate

“Do not permit anyone else to make corrections to a notarial certificate. Some companies and agencies, anticipating mistakes on a document, ask notaries to sign a statement giving them permission to correct errors made by the notary in completing the notarial certificate. While this may appear to be convenient, it is also dangerous and generally illegal” (NN, July 2007).

“If any line in the notarization block (the notarial certificate) is pre-filled, be sure to cross out any incorrect information, fill in the correct information and initial” (NN, July 2010).

“When the acknowledgment or proof of execution of an instrument is made properly but is defectively certified, any party interested may institute an action in the district court to obtain a judgment correcting the certificate” (NDCC 47-19-38).

Imperfect Acknowledgment

“The execution, acknowledgment, filing, and recording of all deeds, leases, mortgages, assignments, satisfactions, and other written instruments affecting the title to real property in this state, in good faith made, taken, or certified, and which have been filed or recorded in the proper counties of this state for a period of five years or more, are declared to be legal and valid for all purposes, anything in the laws of this state, or of any other state, territory, or country at the time of execution, acknowledgment, filing, or recording to the contrary notwithstanding” (NDCC 1-04-01).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 44-06.1-04, 44-06.1-05, and 44-06.1-06” (NDCC 44-06.1-14.4).

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SEAL AND SIGNATURE

Definitions

1. “'Official stamp' means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (NDCC 44-06.1-01.8).

2. “'Stamping device' means:
   “a. A physical device capable of affixing to a tangible record an official stamp; or
   “b. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (NDCC 44-06.1-01.13).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act is performed by a notary public regarding a tangible record, the notary public’s official stamp must be affixed to the certificate” (NDCC 44-06.1-14.2).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed by a notarial officer, other than a notary public, regarding a tangible record and the certificate contains the information specified in subdivisions b, c, and d of subsection 1, an official stamp may be affixed to the certificate” (NDCC 44-06.1-14.2).

   3. Court Officers: “Except as otherwise provided by law relating to notary stamps, upon every seal of a court or officer of this state required or authorized to have a seal, there must be engraved the words ‘State of North Dakota’ and the name of the court or office in which the seal is to be used. All such seals, except the great seal, must be surrounded by a border” and have the same dimensions as those of the Notary stamps described above (NDCC 44-08-06).
      “When any court of record is unprovided with a seal, the judge thereof may authorize the use of any temporary seal, or of any device by way of seal, until a permanent seal is provided” (NDCC 44-08-07).

   4. Property Records: “An officer taking and certifying an acknowledgment or proof of an instrument for record must authenticate the officer’s certificate by affixing thereto:
      “1. The officer’s signature followed by the name of the officer’s office; and
      “2. The officer’s seal of office, if … the officer is required to have an official seal.
      “A judge or clerk of a court of record must authenticate that officer’s certificate by affixing thereto the seal of the judge’s or clerk’s court. A mayor of a city must authenticate that officer’s certificate by affixing thereto the seal of the mayor’s city” (NDCC 47-19-32).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If the notarial act is performed by a notarial officer regarding an electronic record and the certificate contains the information specified in subdivisions b, c, and d of subsection 1, an official stamp may be attached to or logically associated with the certificate” (NDCC 44-06.1-14.2).

   2. Other Notarial Officers: Permitted (NDCC 44-06.1-14.2).

3. Remote Notarial Acts

   1. Notaries Public: Required for remote notarial acts on paper records and permitted for remote notarial acts on electronic records (NDCC 44-06.1-14.2).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under North Dakota law.

Official Stamp Format

1. Notarial Acts

   1. Stamping Device: Effective August 1, 2011, “a notary seal/stamp is now referred to as an official notary stamping device” (NN, July 2011). In reference to tangible (paper) records, statute defines stamping device as a “physical device capable of affixing to a tangible record an official stamp” (NDCC 44-06.1-01.12) and defines official stamp as “a physical image affixed to a tangible record” (NDCC 44-061-01.8).
      When the record to be stamped is tangible, an inking stamp meets all statutory requirements.

   2. Embosser Disallowed: Effective August 1, 2003, issuance of embossing Notary seals was disallowed in favor of photocopiable inking stamps. A six-year phase-in for Notaries with unexpired commissions permitted use of embossers that were “smudged” in order to be photocopiable. Effective August 1, 2009, all embossing seals were outlawed.
      “You could be in violation of state law even if you use your notary stamps in addition to the embossed seal” (website, “FAQs”).

   3. Shape/Size: Circular, up to or equal to 1⅝ inches (41.28 millimeters) in diameter; or rectangular, up to or equal to ⅞ inch (22.23 millimeters) vertically by 2⅝ inches (66.68 millimeters) horizontally (NDCC 44-06.1-16.1).

   4. Components: The following components must be surrounded by a border (NDCC 44-06.1-16.1):

      1. Name of Notary, exactly as on the commission;

      2. “Notary Public”;

      3. “State of North Dakota”;

      4. Commission expiration date.

   5. Prohibited Elements: The stamp “may not contain any other words, numbers, symbols, or a reproduction of the great seal of the state” (NDCC 44-06.1-16.1).

2. In-Person Electronic Notarial Acts: In reference to electronic records, statute defines “stamping device” as an “electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” and defines official stamp as “an electronic image attached to or logically associated with an electronic record” (NDCC 44-06.1-01).
   If an official electronic stamp is used, it must contain the same information as a physical stamp and “[b]e capable of being copied together with the record … with which it is logically associated” (NDCC 44-06.1-15).

3. Remote Notarial Acts: The format requirements of the official stamp for notarial acts will apply to Notaries Public who perform remote notarial acts on tangible records. The format of the official stamp for in-person electronic notarial acts cited immediately above will apply to Notaries Public who perform remote notarial acts on electronic records.

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by North Dakota law. Formats other than these may also be permitted.

Contemporaneous Affixation of Stamp

“A notarial act must be evidenced by a certificate. The certificate must … [b]e executed contemporaneously with the performance of the notarial act … [and] the notary public’s official stamp must be affixed to the certificate” (NDCC 44-06.1-14.1] and .2).

“A notary public must affix the notary’s seal to each verification on oath or affirmation or acknowledgment at the time of performing the notarial act” (NDCC 44-06.1-23.8).

Legibility of Stamp

Statute stipulates that the stamping device “must be designed to leave a clear impression, [and] be photographically reproducible” (NDCC 44-06.1-16.1) and states that “[t]he official stamp of a notary public must … [b]e capable of being copied together with the record to which it is affixed or attached.…” (NDCC 44-06.1-15.2).

“A notary’s seal/stamp should not obscure text nor overlap any written or typed text. The impression of the seal/stamp on the document must be clear and legible” (NN, December 2006).

Seal Imperfections

“All certificates of acknowledgment by notaries public on all documents filed for record with a recorder in the state, notwithstanding any defects or irregularities with the notary seal, are hereby validated, ratified, approved, and confirmed. Notwithstanding section 44-08-06, all seals of a court or officer of this state are binding, legal, and enforceable. The provisions of this section relating to validation of acknowledgments are applicable to all documents filed with any county recorder in the state after July 1, 1987” (NDCC 44-08-06.1).

Purchasing Stamping Device

“The secretary of state, upon receipt of the proper fee, oath, and bond, shall issue a certificate of authorization with which the notary public may obtain an official notary stamping device. A notary stamp vendor may provide a notary with an official stamping device only upon presentation by the notary of a certificate of authorization” (NDCC 44-06.1-16).

See “Name Change,” above under “Commission and Appointment” for procedures on issuance of a new stamp after a name change by the Notary.

Security of Stamping Device

“A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (NDCC 44-06.1-16.2).

Property of Notary

“An official stamping device is the property of the notary only and may not be retained or used by any other person, including an employer of a notary even if the employer purchased or paid for the notary’s stamping device. An official stamping device must remain in the direct and exclusive control of the notary at all times during a notary’s commission” (NDCC 44-06.1-16.4).

“If you leave your place of employment, make sure to take your notary commission and stamp with you” (website, “FAQs”).

Lost, Stolen or Damaged Stamping Device

“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the secretary of state on discovering that the device is lost or stolen” (NDCC 44-06.1-16.3). The state will then send the Notary a certificate of authorization to obtain a new Notary stamp from a manufacturer (website, “FAQs”).

The Secretary of State further instructs the Notary to “[s]end the Secretary of State a letter explaining what happened and, if applicable, photocopies of a police report … If the seal/stamp was lost or stolen, obtaining a different type of seal/stamp is suggested” (website, “FAQs”).

Destruction of Stamping Device

“On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (NDCC 44-06.1-16.2).

'“On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other individual knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (NDCC 44-06.1-16.2).

Commission Expiration Date

“Even if a document has a space to handwrite a notary’s commission expiration date, it is not legally required that the commission expiration date be written or typed on a document. The notary’s commission expiration date appears on the notary’s stamp, which is sufficient evidence of the notary’s commission expiration date” (website, “FAQs”).

Name of Notary

“A notary public may not notarize a signature on a document if … [e]xcept as otherwise provided by law, the notary public uses a name or initial in notarizing the document other than as it appears on the notary’s commission. However, such an act by a notary by itself does not affect the validity of the document” (NDCC 44-06.1-23.6.d).

Signature of Notary

“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (NDCC 44-06.1-14.5).

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RECORDS OF NOTARIAL ACTS

Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required.
      “A notary public shall maintain a journal in which the notary public chronicles all notarial acts the notary public performs with respect to a remotely located individual under [NDCC] section 44 -06.1-13.1” (NDCC 44-06.1-16.1.1).

2. Recording of Remote Notarial Acts: Required.
   “A notary public located in this state may use communication technology to perform a notarial act for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; …” (NDCC 44-06.1-13.1.3.c).

Journal Recommendation

1. Notarial Acts: “Although not required by law, a notary journal can protect the notary and document signer from any accusations of wrong doing and it also assists in the prevention of any wrong doing by the notary. Every journal entry is legally presumed to be truthful and it constitutes the notary’s personal knowledge of the notarization performed” (website, “Notary Journal”).
   “If a notarized document is lost or altered or if certain facts about the transaction are later challenged, the journal becomes valuable evidence that can both protect the rights of property owners and help notaries defend themselves against false accusations” (website, “Notary Journal”).
   “A notarization is effective, valid and binding on the notary as long as the document on which it appears remains effective and valid. Therefore, if a notary keeps a journal, it becomes a permanent detailed record of all the notarizations performed” (website, “Notary Journal”).

Format of Journal

“If a notary decides to use a journal, the notary should use one that is permanently bound with pre-numbered empty spaces” (website, “Notary Journal”).

1. Remote Notarial Acts: “A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one journal at a time to chronicle all notarial acts performed regarding tangible records and one or more journals to chronicle all notarial acts performed regarding electronic records. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (NDCC 44-06.1-16.1.2).

2. Sample Journal: A sample Notary journal page layout may be downloaded from the website (“Notary Journal”).

Journal Entries

1. Remote Notarial Acts: “An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
   “a. The date and time of the notarial act;
   “b. A description of the record, if any, and type of notarial act;
   “c. The full name and address of each individual for whom the notarial act is performed;
   “d. If identity of the individual is based on personal knowledge, a statement to that effect;
   “e. If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and
   “f. The fee, if any, charged by the notary public” (NDCC 44-06.1-16.1.3).

2. Notarial Acts: For traditional notarial acts, the Secretary of State recommends the following components for a journal entry for every notarial act performed (website, “Notary Journal”):

   1. The date and time of notarization;

   2. The type of notarization performed;

   3. The date of the document;

   4. The type of document notarized;

   5. The identification provided as proof of identity;

   6. The document signer’s printed name;

   7. The document signer’s address;

   8. The document signer’s signature;

   9. Any other relevant information related to the notarial act.

3. Separate Entry: “If the notary is notarizing more than one document for a person, the notary should have a separate journal entry for each document notarized” (website, “Notary Journal”).

Entry Completed before Notarizing

“The notary should add a new journal entry for each notarial act performed and the entry should be completed prior to notarizing the document” (website, “Notary Journal”).

Retention and Disposition of Records

Remote Notarial Acts: “The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (NDCC 44-06.1-16.1.1).

“On resignation from, or the revocation or suspension of, the commission of a notary public, the notary public shall retain the journal in accordance with subsection 1 of [NDCC 44-06.1-16.1] inform the secretary of state where the journal is located” (NDCC 44-06.1-16.1.5).

“Instead of retaining a journal as provided in [NDCC 44-06.1-16.1] subsections 1 and 5, a current or former notary public may transmit the journal to a repository approved by the secretary of state” (NDCC 44-06.1-16.1.6).

“Upon the death or adjudication of incompetency of a current or former notary public, the personal representative or guardian of the notary public shall retain the journal as provided in [NDCC 44-06.1-16.1] subsections 1 and 5 or transmit the journal to a repository approved by the secretary of state” (NDCC 44-06.1-16.1.5).

“A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under [NDCC 44-06.1-13.1] subdivision c of subsection 3 or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under [NDCC 44-06.1-13.1] subdivision d of subsection 13, the recording must be retained for a period of at least ten years” (NDCC 44-06.1-13.1.11).

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FEES FOR NOTARIAL ACTS

Maximum Fees

“A notary public is entitled to charge and receive not more than five dollars per notarial act. A notary who charges a fee exceeding that amount is guilty of an infraction. It is an infraction for any person other than the notary public to impose or collect any monetary fee, charge, or commission in connection with the notarization of any document” (NDCC 44-06.1-28).

“Any officer authorized by law to take and certify acknowledgment of a deed or other instrument is entitled to charge and receive not more than five dollars” (NDCC 44-05-03).

Travel Fee

“A notary may charge a travel fee when traveling to perform a notarial act if:
“1. The notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
“2. The notary explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee and neither specified nor mandated by law” (NDCC 44-06.1-28).

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REAL ESTATE PRACTICES

Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of North Dakota.

Recording Requirements

1. Acknowledgment or Proof: “Before an instrument can be recorded, unless it belongs to a class provided for in [NDCC] section 47-19-02 or 47-19-40, its execution must be established:
   “1. If executed by an individual, by acknowledgment by the person executing the same;
   “2. If executed by a corporation or limited liability company, by execution and acknowledgment by the person or persons authorized to execute instruments under section 47-10-05.1;
   “3. By proof by a subscribing witness as is provided by section 47-19-22; and
   “4. By proof of the handwriting of the person executing an instrument and of a subscribing witness thereto as is prescribed by sections 47-19-23 and 47-19-24 and filing of the original instrument in the proper office there to remain for public inspection” (NDCC 47-19-03).

2. Original Signatures: “Except as otherwise provided by the law of this state or the law of the state in which the instrument or document was executed, before an instrument may be recorded, the document and any acknowledgment must be executed with an original signature” (NDCC 47-19-03).

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in North Dakota

“1. A notarial act may be performed in this state by the following individuals:
“a. A notary public of this state;
“b. A judge, clerk, or deputy clerk of any court of this state; or
“c. Any other individual authorized to perform the specific act by the law of this state.
“2. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. The signature and title of a notarial officer described in subdivision a or b of subsection 1 conclusively establish the authority of the officer to perform the notarial act.
“2. A notarial act performed in this state by a notarial officer of a bordering state has the same effect as if the act were performed by a notarial officer of this state, if the bordering state grants notarial officers of this state similar authority within that state” (NDCC 44-06.1-9).

1. Oaths and Affirmations: The following officers may only administer oaths and affirmations and may do so only under the indicated circumstances, if any (NDCC 44-05-01):

   1. Each justice of the supreme court, each judge of the district court, the clerk of the supreme court, and the clerk’s deputy;

   2. The clerk of the district court, county auditor, recorder, and the deputy of each such officer within that officer’s county;

   3. Each county commissioner and public administrator within that officer’s county;

   4. Notary Public anywhere in the state;

   5. Each city auditor, municipal judge, and township clerk, within that officer’s own city or township;

   6. Each sheriff and the deputy sheriff within the sheriff’s county in the cases prescribed by law;

   7. Other officers in the cases prescribed by law or by rule of the supreme court.

2. Acknowledgments and Proofs: The following officers may only take acknowledgments and proofs and may do so only within the districts for which they were elected or appointed (NDCC 47-19-14):

   1. A judge or clerk of a court of record;

   2. A mayor of a city;

   3. A recorder;

   4. A U.S. commissioner;

   5. A county auditor;

   6. A township clerk or city auditor.
      When any of the above officers are authorized by law to appoint deputies, “the acknowledgment or proof may be taken by such deputy in the name of his principal as deputy, or by such deputy as deputy” (NDCC 47-19-18).

Notarial Acts in U.S. State or Jurisdiction

“1. A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
“a. A notary public of that state;
“b. A judge, clerk, or deputy clerk of a court of that state; or
“c. Any other individual authorized by the law of that state to perform the notarial act.
“2. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. The signature and title of a notarial officer described in subdivision a or b of subsection 1 conclusively establish the authority of the officer to perform the notarial act” (NDCC 44-06.1-10).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“1. A notarial act performed under the authority and in the jurisdiction of a federally recognized American Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe is performed by:
“a. A notary public of that tribe;
“b. A judge, clerk, or deputy clerk of a court of that tribe; or
“c. Any other individual authorized by the law of that tribe to perform the notarial act.
“2. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized American Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. The signature and title of a notarial officer described in subdivision a or b of subsection 1 conclusively establish the authority of the officer to perform the notarial act” (NDCC 44-06.1-11).

Notarial Acts Under Federal Law

“1. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“a. A judge, clerk, or deputy clerk of a court;
“b. An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“c. An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
“d. Any other individual authorized by federal law to perform the notarial act.
“2. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. The signature and title of an officer described in subdivision a, b, or c of subsection 1 establish the authority of the officer to perform the notarial act” (NDCC 44-06.1-12).

Notarial Acts in Foreign State

“1. In this section, “foreign state” means a government other than the United States, a state, or a federally recognized American Indian tribe.
“2. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“3. If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“4. The signature and official stamp of an individual holding an office described in subsection 3 are prima facie evidence that the signature is genuine and the individual holds the designated title.
“5. An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“6. A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (NDCC 44-06.1-13).

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AUTHENTICATION OF NOTARIAL ACTS

Secretary of State

Authenticating certificates for Notaries, including apostilles, are issued only by the North Dakota Secretary of State’s office.

1. Fees: $10 per certificate or apostille.

2. Address:
   Office of Secretary of State
   Administrative/Licensing Division
   600 E. Boulevard Avenue
   Dept. 108, First Floor
   Bismarck, ND 58505-0500

3. Phone: 701-328-2901

4. Procedure: Mail or present in person the original notarized document, along with the fee. Include a letter indicating the country to which the document will be sent. The authenticated document will be returned by first class mail unless a prepaid and preaddressed envelope for expedited service is included. Persons wishing to have a notarized document reviewed for proper form prior to its submission may email or fax a copy of the document(s) to the Secretary of State at sosaccnot@nd.gov or 701-328-0107. For detailed instructions on getting school records authenticated, see the website (“Authentications by Apostille and Certification”).

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