2016 North Dakota Century Code Title 44 Offices and Officers Chapter 44-06.1 Revised Uniform Law on Notarial Acts
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CHAPTER 44-06.1
REVISED UNIFORM LAW ON NOTARIAL ACTS
44-06.1-01. Definitions.
As provided in this chapter:
1. "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.
2. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
3. "Electronic signature" means an electronic symbol, sound, or process attached to or
logically associated with a record and executed or adopted by an individual with the
intent to sign the record.
4. "In a representative capacity" means acting as:
a. An authorized officer, agent, partner, trustee, or other representative for a person
other than an individual;
b. A public officer, personal representative, guardian, or other representative, in the
capacity stated in a record;
c. An agent or attorney in fact for a principal; or
d. An authorized representative of another in any other capacity.
5. "Notarial act" means an act, whether performed with respect to a tangible or electronic
record, that a notarial officer may perform under the law of this state. The term
includes taking an acknowledgment, administering an oath or affirmation, taking a
verification on oath or affirmation, witnessing or attesting a signature, certifying or
attesting a copy except as provided in subdivision j of subsection 6 of section
44-06.1-23, and noting a protest of a negotiable instrument.
6. "Notarial officer" means a notary public or other individual authorized to perform a
notarial act.
7. "Notary public" means an individual commissioned to perform a notarial act by the
secretary of state.
8. "Official stamp" means a physical image affixed to a tangible record or an electronic
image attached to or logically associated with an electronic record.
9. "Record" means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
10. "Sign" means, with present intent to authenticate or adopt a record:
a. To execute or adopt a tangible symbol; or
b. To attach to or logically associate with the record an electronic symbol, sound, or
process.
11. "Signature" means a tangible symbol or an electronic signature that evidences the
signing of a record.
12. "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.
13. "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.
44-06.1-02. Applicability.
The provisions of this chapter apply to notarial acts performed on or after the effective date
of this chapter.
Page No. 1
44-06.1-03. Authority to perform notarial acts.
A notarial officer may perform notarial acts authorized by this chapter or by other law of this
state.
44-06.1-04. Requirements for certain notarial acts.
1. 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.
2. 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.
3. 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.
4. 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.
5. A notarial officer who makes or notes a protest of a negotiable instrument shall
determine the matters set forth in section 41-03-62.
44-06.1-05. Personal appearance required.
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.
44-06.1-06. Identification of individual.
1. 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.
2. 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.
3. 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.
44-06.1-07. Authority to refuse to perform notarial act.
1. 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.
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2.
Except as prohibited by law other than the provisions of this chapter, a notarial officer
may refuse to perform a notarial act.
44-06.1-08. Signature if individual unable to sign.
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.
44-06.1-09. Notarial act in this state.
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.
4. 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.
44-06.1-10. Notarial act in another state.
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.
44-06.1-11. Notarial act under authority of 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.
Page No. 3
44-06.1-12. Notarial act under federal authority.
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.
44-06.1-13. Foreign notarial act.
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.
44-06.1-14. Certificate of notarial act.
1. A notarial act must be evidenced by a certificate. 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.
2. 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 subdivisions b, c, and d of
subsection 1, an official stamp may be affixed to the certificate. If the notarial act is
performed by a notarial officer regarding an electronic record and the certificate
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3.
4.
5.
6.
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.
A certificate of a notarial act is sufficient if it meets the requirements of 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.
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.
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.
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.
44-06.1-15. Official stamp.
The official stamp of a notary public must:
1. Include the notary public's name, jurisdiction, commission expiration date, and other
information required under section 44-06.1-16 or by the secretary of state; and
2. Be capable of being copied together with the record to which it is affixed or attached or
with which it is logically associated.
44-06.1-16. Stamping device.
1. 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. The notary
public 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 certificate
of authorization is received, approved, and filed, the secretary of state shall issue a
notary commission that authorizes the notary to commence the duties of the office of
notary public. A notary being commissioned must obtain a stamping device approved
by the secretary of state which must be designed to leave a clear impression, be
photographically reproducible, include the words "State of North Dakota" and "Notary
Public", contain the name and commission expiration date of the notary public exactly
as shown on the notary's commission, and which may not contain any other words,
numbers, symbols, or a reproduction of the great seal of the state. All notary stamps
must be surrounded by a border and, except as otherwise permitted by the secretary
of state, may be up to or equal to one and five-eighths inch [41.28 millimeters] in
diameter or if of a rectangular design, may be up to or equal to seven-eighths inch
[22.23 millimeters] vertically by two and five-eighths inches [66.68 millimeters]
horizontally.
2. 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. 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. On the death or
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3.
4.
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.
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.
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.
44-06.1-17. Notary vacancies - Resignations.
Whenever the office of any notary public becomes vacant, the record of the notary together
with all papers relating to the office must be deposited in the office of the secretary of state
except for the stamping device, which must be destroyed as provided in section 44-06.1-16. If a
notary public resigns the notary's commission, the notary shall notify the secretary of state
within thirty days of the resignation, and shall indicate the effective date of the resignation. Any
notary public who, on resignation or removal from office, or any executor or personal
representative of the estate of any deceased notary public who neglects to deposit the records
and papers as aforesaid for the space of three months, or any person who knowingly destroys,
defaces, or conceals any records or papers of any notary public, shall forfeit and pay a sum of
not less than fifty dollars nor more than five hundred dollars, and that person also is liable in a
civil action for damages to any party injured.
44-06.1-18. Notification regarding performance of notarial acts on electronic record Selection of technology.
1. 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.
2. Before a notary public performs the notary public's initial notarial 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.
44-06.1-19. Short form.
The following short form certificates of notarial acts are sufficient for the purposes indicated,
if completed with the information required by subsections 1 and 2 of section 44-06.1-14:
1. For an acknowledgment in an individual capacity:
State of ________________________________
[County] of _________________
This record was acknowledged before me on ____ by ____________________
Date
Name(s) of individual(s)
__________________________
Signature of notarial officer
Stamp
[_______________________]
Title of office
[My commission expires: __________________.]
2. For an acknowledgment in a representative capacity:
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3.
4.
5.
State of ______________________________
[County] of _______________
This record was acknowledged before me on _____ by __________________
Date
Name(s) of individual(s)
(type of authority, such as officer or trustee) of (name of party on behalf of whom
record was executed).
____________________________
Signature of notarial officer
Stamp
[__________________________]
Title of office
[My commission expires: __________.]
For a verification on oath or affirmation:
State of ____________________________
[County] of ________________
Signed and sworn to (or affirmed) before me on _____ by ___________________
Date
Name(s) of individual(s)
making statement
__________________________
Signature of notarial officer
Stamp
[______________________]
Title of office
[My commission expires:______________.]
For witnessing or attesting a signature:
State of ______________________________
[County] of __________________
Signed [or attested] before me on __________ by _____________________
Date
Name(s) of individual(s)
___________________________
Signature of notarial officer
Stamp
[___________________________]
Title of office
[My commission expires: __________________.]
For certifying a copy of a record:
State of ________________________________
[County] of __________________
I certify that this is a true and correct copy of a record in the possession of
_______________________________.
Dated ____________________________
__________________________
Signature of notarial officer
Stamp
[_________________________]
Title of office
[My commission expires: _______________.]
44-06.1-20. Notary public commission - Qualifications.
1. An individual qualified under subsection 2 may apply to the secretary of state for a
commission as a notary public. The applicant shall comply with and provide the
information required by the secretary of state and submit the required application fee
of thirty-six dollars.
2. An applicant for a commission as a notary public must:
a. Be at least eighteen years of age;
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b.
c.
3.
4.
5.
6.
7.
8.
9.
Be a citizen or permanent legal resident of the United States;
Be a resident of or have a place of employment or practice in this state or must
reside in a county that borders this state and which is in a state that extends
reciprocity to a notary public who resides in a border county of this state. If the
person resides in a county bordering this state, 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;
d. Be able to read and write English; and
e. Not be disqualified to receive a commission under section 44-06.1-21.
Before issuance of a commission as a notary public, an applicant for the commission
shall execute an oath of office and submit it to the secretary of state.
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.
On compliance with subsections 1, 2, 3, and 4, the secretary of state shall issue a
notary public commission to an applicant for a term of six years, unless sooner
removed by the secretary of state. The notary shall post the commission in a
conspicuous place in the notary's office or place of employment.
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.
Notwithstanding any other provision of law, a notary public may perform any notarial
act as defined in section 44-06.1-01 outside the state as provided in section 47-19-55.
The secretary of state shall notify each notary public at least thirty days before the
expiration of the notary public's term of the date upon which the notary public's
commission will expire. The notice must be addressed to the notary public at the
last-known place of residence.
Each notary public issued a commission shall notify the secretary of state by mail
within sixty days of any change of address. If a notary fails to notify the secretary of
state within sixty days of a change of address, the secretary of state may impose a
late fee in the amount of ten dollars. The notary shall pay any late fee imposed by the
secretary of state before the renewal of the notary's commission.
44-06.1-21. Grounds to deny, refuse to renew, revoke, suspend, or condition
commission of notary public.
1. The secretary of state may deny or refuse to renew a notary public commission, or
may revoke, suspend, or condition a notary public commission for any act or omission
that demonstrates an individual lacks the honesty, integrity, competence, or reliability
to act as a notary public, including:
a. Failure to comply with the requirements of this chapter;
b. Fraudulent, dishonest, or deceitful misstatement or omission in the application for
a commission as a notary public submitted to the secretary of state;
c. A conviction of the notary public or applicant of any felony or a crime involving
fraud, dishonesty, or deceit;
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d.
2.
3.
4.
5.
6.
7.
A finding against, or admission of liability by, the applicant or notary public in any
legal proceeding or disciplinary action based on the applicant's or notary public's
fraud, dishonesty, or deceit;
e. Failure by the notary public to discharge any duty or responsibility required of a
notarial officer, whether by any provision in this chapter, any rules of the secretary
of state, or any federal or state law;
f. Use of false or misleading advertising or representations by the notary public
representing that the notary public has duties, rights, or privileges that a notary
public does not have;
g. Violation by the notary public of any rule of the secretary of state regarding a
notary public;
h. Denial, refusal to renew, revocation, suspension, or conditioning of a notary
public commission in another state; or
i. Failure of the notary public to maintain an assurance as provided in section
44-06.1-20.
If an applicant for a commission as a notary public is denied the commission or a
commission is revoked or suspended, the applicant or notary public is entitled to timely
notice and hearing in accordance with chapter 28-32. The notice may provide that the
person may not perform any notarial acts during the pendency of the revocation
proceeding. A notary whose commission is revoked may be denied a new commission
for a period of up to six years following the date of revocation.
The authority of the secretary of state to deny, suspend, refuse to renew, or revoke a
notary public's commission does not prevent the secretary of state or an aggrieved
person from seeking and obtaining other remedies provided by law, whether criminal
or civil.
A notary public who exercises the duties of a notary's office with knowledge that the
notary's commission has expired or has been revoked or that the notary is disqualified
otherwise or any other person who acts as a notary or performs a notarial act without a
lawful notary commission is guilty of an infraction, and, if appropriate, the notary's
commission must be revoked by the secretary of state using the procedure under
chapter 28-32.
The secretary of state may impose a lesser sanction for a violation of any provision of
this chapter if determined appropriate by the secretary of state under the pertinent
facts and circumstances. A lesser sanction includes imposition of a civil penalty not to
exceed five hundred dollars or a letter of reprimand. Any civil penalty collected by the
secretary of state must be deposited in the secretary of state's general services
operating fund.
Any person may file a complaint with the secretary of state seeking denial, revocation,
or suspension of a commission issued or to be issued by the secretary of state. The
secretary of state shall provide a complaint form. The complainant shall use that form
and the form must be verified under oath by the complainant or duly authorized officer
of the complainant. If the secretary of state determines that a complaint alleges facts
that, if true, would require denial, revocation, or suspension of a commission, the
secretary of state shall initiate a hearing without undue delay. If the secretary of state
determines a complaint does not state facts warranting a hearing, the secretary of
state may dismiss the complaint. The secretary of state may initiate a hearing for
denial, revocation, or suspension of a commission on the secretary of state's own
motion.
Any person whose commission has been revoked or suspended may apply to the
secretary of state for reinstatement of the commission or termination of the
suspension.
44-06.1-22. Database of notaries public.
When the secretary of state acquires or develops the technical capability to maintain an
electronic database of notaries public, the secretary of state shall maintain an electronic
database of notaries public:
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1.
2.
Through which an individual may verify the authority of a notary public to perform
notarial acts; and
Which indicates whether a notary public has notified the secretary of state that the
notary public will be performing notarial acts on electronic records.
44-06.1-23. Prohibited acts.
1. 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.
2. A notary public may not engage in false or deceptive advertising.
3. A notary public, other than an attorney licensed to practice law in this state, may not
use the term "notario" or "notario publico".
4. A notary public, other than an attorney licensed to practice law in this state, may not
advertise or represent that the notary public may assist in drafting legal records, give
legal advice, or otherwise practice law. 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.
5. 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.
6. A notary public may not notarize a signature on a document if:
a. The 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.
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.
d. Except 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.
e. The 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.
f. The signature on the document or the notarial certificate is not an original
signature, except as otherwise provided by law.
g. The 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.
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h.
i.
7.
8.
The signature is on a blank or incomplete document.
In 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.
j. Except as otherwise provided by law:
(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.
k. The notary did not obtain satisfactory evidence of the identity of the signer, unless
the signer is personally known to the notary.
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 as described in
subdivision j of subsection 6.
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.
44-06.1-24. Validity of notarial acts.
Except as otherwise provided in this chapter, the failure of a notarial officer to perform the
duties or meet the requirements specified in this chapter does not invalidate a notarial act
performed by the notarial officer. The validity of a notarial act under this chapter does not
prevent an aggrieved person from seeking to invalidate the record or transaction that is the
subject of the notarial act or from seeking other remedies based on other laws of this state or
law of the United States. This section does not validate a purported notarial act performed by an
individual who does not have the authority to perform the act.
44-06.1-25. Rules.
The secretary of state may adopt rules to implement the provisions of this chapter. Rules
adopted regarding the performance of notarial acts with respect to electronic records may not
require, or accord greater legal status or effect to, the implementation or application of a specific
technology or technical specification. The rules may include:
1. Provisions prescribing the manner of performing notarial acts regarding tangible and
electronic records.
2. Provisions to ensure that any change to or tampering with a record bearing a
certificate of a notarial act is self-evident.
3. Provisions to ensure integrity in the creation, transmittal, storage, or authentication of
electronic records or signatures.
44-06.1-26. Notary public commission in effect.
A commission as a notary public in effect on August 1, 2011, continues until its date of
expiration. A notary public who applies to renew a notary public commission after August 1,
2011, shall comply with the provisions of this chapter. A notary public, in performing notarial acts
after August 1, 2011, shall comply with the provisions of this chapter and is subject to refusal to
renew the notary public's commission or revocation or suspension of the notary public's
commission under this chapter.
44-06.1-27. 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. Upon receipt of the rider
and fee, the secretary of state shall issue a certificate of authorization that a notary public may
use to obtain a new stamping device. Once the authorization is on file, the secretary of state
shall issue a commission with the notary's new name. After notification to the secretary of state
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of the name change and until a new stamping device is obtained, 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
44-06.1-28. Fees to be charged for notarial acts - Penalty.
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. 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.
44-06.1-29. Savings clause.
The provisions of this chapter do not affect the validity or effect of a notarial act performed
before August 1, 2011.
44-06.1-30. Relation to Electronic Signatures in Global and National Commerce Act.
The provisions of this chapter modify, limit, and supersede the federal Electronic Signatures
in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but do not modify, limit, or
supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any
of the notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
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