How to Become a Notary in North Dakota

How do I renew my notary commission in North Dakota?

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To renew your North Dakota notary commission, follow the same steps you took when you applied to become a notary the first time. You may renew your notary public commission up to sixty days before your commission expiration date. You will receive a notice from the secretary of state at least thirty days before your notary commission expires. The notice is sent to your last known place of residence.

Visit the secretary of state’s website for more information on how to renew your notary commission in North Dakota.

Who appoints notaries in North Dakota?

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The secretary of state appoints North Dakota notaries. The secretary of state is also responsible for   processing all new and renewal notary applications, issuing notary public commissions, maintaining the records regarding notaries, and approving notaries to perform notarial acts with respect to electronic records and for remotely located individuals.

Secretary of State
State of North Dakota
Accounting/Notary Unit
600 East Boulevard Avenue, Department 108
Bismarck, ND 58505-0500
Telephone: (701) 328-2901
Toll Free: (800) 352-0867 ext. 328-2901
Fax: (701) 328-0107

Can a non-resident of North Dakota apply for a commission as a notary public?

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Yes. A non-resident can become a North Dakota notary public if the person:

1. Meets the qualifications as a North Dakota resident, with the exception of the residency requirement.
2. Has a place of employment or practice in North Dakota.
3. Resides in a county that borders North Dakota and which is in a state that extends reciprocity to a notary public who resides in a border county of North Dakota. (At this time, Montana is the only state to offer reciprocity.) Note: If the applicant resides in a county bordering North Dakota, the applicant 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.

How long is a notary public's commission term in North Dakota?

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A North Dakota notary public commission term is four years [N.D.C.C. § 44-06.1-20(5)]. A notary cannot notarize documents after their notary commission expires without first renewing their notary commission with the secretary of state.

Is notary training or an exam required to become a notary or to renew a notary commission in North Dakota?

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No. North Dakota notary statute does not require notary applicants to take any notary training course or pass an exam to become notaries in North Dakota or to renew their notary commissions. However, the American Association of Notaries recommends that all notary applicants complete an educational course of study so they can clearly understand the state’s notary laws, their notarial duties and responsibilities, and the general principles and practices of a North Dakota notary public.

How much does it cost to become a notary public in North Dakota?

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To become a notary in North Dakota, you will have to incur the following expenses:

1. The price of a four-year, $7,500 surety bond.
2. A $36 fee (or renewal fee), payable to the North Dakota Secretary of State, to process the notary application.
3. A fee to have your notary application notarized.
4. A fee to have your notary bond notarized.
5. The cost of a North Dakota notary stamp. Click here to view our notary stamp prices.

Other optional expenses include the cost of purchasing:

1. A journal (optional) to record all notarial acts performed. Click here to view our notary journal prices.
2. An errors and omissions insurance policy (optional). This insurance policy is designed to protect you if you are sued for unintentional mistakes or if a false claim is filed against you.

Do I need a notary errors and omissions (E&O) insurance policy to become a notary in North Dakota?

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A notary errors and omissions (E&O) insurance policy is not required to become a North Dakota notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every North Dakota notary obtain a notary E&O insurance policy. A notary E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a North Dakota notary public.

Do I need a notary bond to become a notary in North Dakota?

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Yes. All North Dakota notary applicants are required to maintain a four-year, $7,500 notary bond. The bond protects the public from notary errors. If a member of the public files a claim against a notary’s bond, the bonding company is very likely to sue the notary to recoup the funds it paid on the notary’s behalf. A notary bond does not protect notaries from mistakes they make. This is why notary errors and omissions insurance (commonly known as “E&O” or “E&O insurance”) is vital.

The assurance (surety bond) must be issued by a surety or other entity licensed or authorized to do business in North Dakota and is subject to approval by the Secretary of State [N.D.C.C. § 44-06.1-20(4)].

Do I need to order a notary stamp in North Dakota?

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North Dakota notary law requires all North Dakota notaries to affix an impression of their notary stamp to a notarial certificate if the notarial act is performed on a tangible document [N.D.C.C. § 44-06.1-14(2)]. Section 44-06.1-16(1) of the North Dakota Century Code provides the legal specifications regarding the layout and the information required on a notary stamp.

The notary stamp may be a circular form up to or equal to 1 5/8 inch (41.28 millimeters) in diameter or may be in a rectangular form up to or equal to 7/8 inch (22.23 millimeters) vertically by 2 5/8 inches (66.68 millimeters) horizontally. All notary stamps must be surrounded by a border, leave a clear impression, and be photographically reproducible.

The notary stamp must contain the following information:

• The notary public’s name and commission expiration date exactly as shown on the notary’s commission
• The words “Notary Public”
• The words “State of North Dakota”

Note:

• The use of a notary seal embosser is prohibited in North Dakota
• The notary stamp may not contain any other words, numbers, symbols, or a reproduction of the great seal of North Dakota.
• North Dakota notary law does not specify what ink colors you may use on a notary stamp.

The American Association of Notaries offers quality notary stamps and seals at savings of up to 40% compared to the cost of the same products elsewhere. Click here to order your North Dakota notary stamp, complete notary package, and other notary supplies.

What are the steps to replace a lost or stolen North Dakota notary seal?

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If your notary stamp is lost, stolen, or otherwise damaged, you must:

1. Send a letter to the North Dakota Secretary of State explaining what happened and, if applicable, include photocopies of any police report.
2. Purchase a new notary stamp once you receive another certificate of authorization from the secretary of state. If your notary stamp is lost or stolen, the secretary of state recommends you obtain a different type of notary stamp so that the new notary stamp impression looks different than the one that was lost or stolen.

How much can a North Dakota notary public charge for performing notarial acts?

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North Dakota notary fees are set by statute (N.D.C.C. § 44-06.1-28). The maximum allowable fees that a North Dakota notary public can charge for notarial acts are listed below:

• Taking an acknowledgment - $5.00
• Administering an oath or affirmation - $5.00
• Taking a verification on oath or affirmation - $5.00
• Witnessing or attesting a signature - $5.00
• Certifying or attesting a copy - $5.00
• Noting a protest of a negotiable instrument - $5.00

Note: A notary public 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.

Is a notary journal required in North Dakota?

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Notary journal requirements for each type of notarization in North Dakota:

• Traditional Notarizations and Electronic Notarizations – North Dakota notaries performing traditional notarizations and electronic notarizations are not required to maintain a notary journal; however, the North Dakota Secretary of State strongly recommends that a notary maintains a notary journal for all notarial acts performed. A notary journal can be maintained on a tangible medium or in an electronic format.
• Remote Online Notarizations – North Dakota notaries are required to maintain notary journals (in either a tangible medium or electronic format) in which they chronicle all notarial acts performed with respect to remotely located individuals.

If a journal is maintained in 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 a permanent, tamper-evident electronic format complying with the rules of the secretary of state. A notary public can 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.

A notary journal (also known as a record book, logbook, or register book) is your first line of defense in proving your innocence if a notarial act you performed is questioned or if you are requested to testify in a court of law about a notarial act you performed in the past. A properly recorded notarial act creates a paper trail that will help investigators locate and prosecute signers who have committed forgery or fraud. Properly recorded notarial acts provide evidence that you followed your state laws and notary’s best practices.

The American Association of Notaries offers notary journals in tangible and electronic formats.

Click here to purchase a tangible notary journal.

Click here to become a member and access our electronic notary journal.

What information must North Dakota notaries record in their notary journals?

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• For Traditional Notarizations and Electronic notarizations - North Dakota recommends notaries to chronicle the following information in their notary journals:

1. Date and time of the notarial act.
2. Type of notarization.
3. Date of document notarized.
4. Type of document.
5. Identification provided as proof of identity.
6. Document signer's printed name.
7. Document signer's address.
8. Document signer's signature.
9. Any other relevant information related to the notarial act.

• For Remote Online Notarizations - North Dakota requires notaries to chronicle the following information in their notary journals:

1. The date and time of the notarial act.
2. A description of the record, if any, and type of notarial act.
3. The full name and address of each individual for whom the notarial act is performed.
4. If the identity of the individual is based on personal knowledge, a statement to that effect.
5. If the 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.
6. The fee, if any, charged by the notary public.

What steps should I take if my North Dakota notary journal is lost or stolen?

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If the tangible or electronic notary journal is lost or stolen, or if the notary public loses access to the journal, the notary public must promptly notify the North Dakota Secretary of State.

How long should I retain my North Dakota notary journal?

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Traditional and Electronic Notarizations - North Dakota notary laws do not address how long to retain your notary journals for traditional and electronic notarizations. We recommend you keep the notary journal for a minimum of ten years.

Remote Online Notarizations - North Dakota notary law requires notaries to retain their notary journal for ten years after the performance of the last notarial act chronicled in the journal.

Where can I perform notarial acts in North Dakota?

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North Dakota notaries are authorized to perform notarial acts while they are physically located anywhere within the geographic borders of the state of North Dakota.

Reciprocity: A notarial act performed in North Dakota by a notarial officer of a bordering state has the same effect as if the notarial act were performed by a North Dakota notarial officer, if the bordering state grants North Dakota notarial officers similar authority within that state [N.D.C.C. § 44-06.109(4)]. Montana is the only state that has reciprocity, which means that a North Dakota notary public may perform notarial acts in Montana by following the notary laws of North Dakota. Since laws change from time to time, it is best to doublecheck the law prior to performing a notarial act in another state in case the reciprocity laws are modified.

What notarial acts can a North Dakota notary public perform?

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A North Dakota notary public is authorized to perform the following notarial acts whether on a tangible or electronic record [N.D.C.C. § 44-06.1-01(5)]:

• 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 N.D.C.C. § 44-06.1-23(7)
• Noting a protest of a negotiable instrument

What type of notarizations are allowed in North Dakota?

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North Dakota law allows the following three types of notarizations:

Traditional Notarization – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. Traditional notarization involves an individual signing a tangible document with an inked pen and a notary public signing and affixing an inked notary stamp impression to the tangible notarial certificate.

Electronic Notarization – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. However, the notarization is performed on an electronic document using electronic signatures, an electronic notary stamp, and an electronic notarial certificate.

Remote Online Notarization – The signer appears remotely before a notary via communication technology. The notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.

What are the steps to register to perform electronic notarizations in North Dakota?

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To register to perform electronic notarizations in North Dakota, you must:

1. Select one or more tamper-evident technologies to perform notarial acts with respect to electronic records.
2. Acquire an electronic signature.
3. Notify the secretary of state that you will be performing notarial acts with respect to electronic records and identify the technology you intend to use.

What are the steps to become a remote online notary in North Dakota?

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To become a remote online notary in North Dakota, you must:

1. Select a RON solution provider that complies with the legal requirements listed in N.D.C.C., Ch. 44-06.1. The secretary of state maintains a list of providers on their website from which you can choose.
2. Acquire an electronic signature.
3. Notify the secretary of state that you will be performing notarial acts with respect to remotely located individuals and identify the technologies you intend to use.

For more information about becoming a remote online notary in North Dakota, visit the North Dakota Secretary of State’s website.

How do I update my address on my North Dakota notary commission?

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North Dakota notaries are required to notify the North Dakota Secretary of State within sixty days of any address change. You can notify the secretary of state by submitting a Notary Public Amendment on the secretary of state’s website or a letter notifying the secretary of state of the change of address.

If a notary public moves outside of North Dakota to a county that borders North Dakota and this state extends reciprocity to North Dakota notaries, the notary must submit a Notary Public Amendment with the updated address on the secretary of state’s website.

Note: No fee is required for an address change.

How do I change my name on my notary commission in North Dakota?

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If you lawfully change your name during your notary term, you must notify the North Dakota Secretary of State in writing within sixty days of the name change.

Follow the steps listed below to change your name on your notary commission:

1. Submit to the secretary of state:
   • A rider from the notary’s surety bond stating both the new name and previous name.
   • The effective date of the new name.
   • A $10 filing fee for the name change.
   • A Notary Public Name Change form.
2. Purchase a new notary stamp after you receive a new certificate of authorization from the secretary of state.
3. Affix an impression of your new notary stamp to the certificate of authorization and return it to the secretary of state.

The secretary of state will issue a new notary public commission with your new name after the approval of the new notary stamp.

Note: If you notify the North Dakota Secretary of State that you have legally changed your name, but you have not yet received your new commission, you may perform notarial acts using the old stamping device. However, you must modify the notarial certificate as follows:

Notary public North Dakota
Formerly known and commissioned as
_________________________________
My commission expires
_________________________________
Notary Stamp

Revised:

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February 2024