Become a North Dakota Notary

Abbreviation: ND   |   39th State   |   Statehood: November 2, 1889 |
Eligibility:
To become a North Dakota notary public, a person must meet all of the requirements listed below:

  • Be 18 years or older
  • Be a citizen or permanent legal resident of the United States
  • 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 is in a state that extends reciprocity to a notary public who resides in a border county of North Dakota
  • Be able to read and write in English
 
Qualifications:
To receive a North Dakota notary public commission, a person must:

  • First, meet the eligibility requirements.
  • Next, properly complete and submit a notary application form to the Secretary of State with a filing fee of $36, along with a $7,500 bond. To download the application form, go to -
http://www.nd.gov/sos/notaryserv/.
  • The Secretary of State will then issue a Certificate of Authorization so that the applicant may purchase a notary stamp.
  • After purchasing the notary stamp, the applicant must return the Certificate of Authorization with the impression of the stamp to the Secretary of State.
  • Upon approval of the notary stamp, the Secretary of State will issue an official notary public commission.
 
Non-Resident North Dakota Notary:
Permitted. A person who resides in a county that borders North Dakota and is in a state that extends reciprocity to a notary public who resides in a border county of North Dakota may apply for a North Dakota notary public commission. The non-resident must designate 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. The non-resident must also complete an Appointment of Agent form.
 
North Dakota Notary Bond:
Required. A bond in the amount of $7,500 is required for new and renewing notaries public.
 
Notary Errors & Omissions Insurance:
Optional. A notary public is liable to any person for damages that result from his or her official misconduct. The American Association of Notaries strongly recommends that North Dakota notaries public insure themselves against claims of negligence through the purchase of Notary Errors and Omissions insurance.
 
Filing Fee:
A $36 filing fees is required for new and renewal notary applications.
 
North Dakota Notary Term:
Six years.
 
Jurisdiction:
Statewide.
 
Appointment:
Secretary of State
State of North Dakota
600 East Boulevard Avenue, Department 108
Bismarck, ND 58505-0500
(701) 328-2901
http://www.nd.gov/sos/notaryserv/
 
Notary Commission Renewal:
The Secretary of State mails out a renewal notice to each notary public at his or her residence at least 30 days before the expiration of the notary’s current commission.
 
Education/Testing:
None Required.
 
North Dakota Notary Stamp:
Required.

Type – rubber-inked stamp

Ink color – not addressed in the statute, but the notary stamp must be reproducible under photographic methods

Shape – round or rectangular

Dimensions – if circular, not more than one and five-eighths inch in diameter; if rectangular, not more than seven-eighths inch vertically by two and five-eighths inches horizontally

Required elements - notary public’s name, commission expiration date, and the words “Notary Public, State of North Dakota”;the notary stamp must also be surrounded by a border

Note: The notary stamp is the exclusive property of the notary public and must not be surrendered to an employer upon termination/resignation.

 
Record Book:
None Required. It is strongly recommended by the Secretary of State and the American Association of Notaries that North Dakota notaries public record every notarial act in a notary record book or journal. For North Dakota notary supplies, please contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.
 
Notary Fees:
Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:

  • Acknowledgments - $5.00
  • Oaths or affirmations - $5.00
  • Jurats - $5.00
  • Copy certification - $5.00

A travel fee may be charged when traveling to notarize if there is an agreement regarding the travel fee in advance.

 
Authority:
A North Dakota notary public has the authority to:

  • Take acknowledgments
  • Administer oaths or affirmations
  • Protest instruments
  • Witness or attest a signature
  • Take a verification or oath or affirmation
  • Certify copies of non-recordable documents
Electronic Notarization:
Permitted. The State of North Dakota enacted the Revised Uniform Law on Notarial Acts, which set forth certain definitions and procedures for electronic notarizations. North Dakota Century Code, Title 44, Chapter 44-06.1, Section 44-06.1-18 specifically, mandates a notary public to notify the Secretary of State and identify the technology the notary intends to use for electronic notarizations. Section 44-06.1-25 directs the Secretary of State to adopt rules to implement the provisions of the above-mentioned statute with respect to electronic notarizations. For further information, please contact the Secretary of State.
 
Address Change:
A notary public must notify the Secretary of State within 60 days of any change of address. If the notary is changing his or her address to another address in North Dakota, the notary must submit a Notary Change of Address/Resignation form to the Secretary of State. If the notary moves outside of North Dakota to a county that borders North Dakota and extends reciprocity to a notary public, the notary must submit a Notary Change of Address/Resignation form to the Secretary of State. To download the Change of Address form, go to http://www.nd.gov/sos/notaryserv/.
 
Name Change:
Within 60 days of a notary legally changing his or her name, the notary must submit to the Secretary of State a $10 filing fee, a Notary Name Change/Notary Seal/Stamp Change form, and a rider to the notary’s surety bond stating both the old and new name and the effective date of the name change. To download the Notary Name Change form, go to http://www.nd.gov/sos/notaryserv/.
 
Death/Resignation/Removal:
A notary public must notify the Secretary of State within 30 days if any of these significant events occur during the current term of the commission. The notary records must be deposited with the Secretary of State within 90 days, and the notary stamp must be destroyed.
 
Prohibited Acts:
A North Dakota notary public may not:

  • Notarize a document that was not signed in the presence of the notary
  • Prepare, draft, select, or give advice concerning legal documents
  • Perform acts that constitute the practice of law
  • Act as an immigration consultant or an expert on immigration matters
  • Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matter
  • Receive compensation for performing immigration related matters
  • Use the phrase “notario” or “notario publico” to advertise notary services
  • Claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide
  • Notarize a document if the name of the notary or his or her spouse appears on the document as a party to the transaction
  • Notarize a document if the signature is that of the notary or his or her spouse
  • Notarize under any other name than what appears on the notary commission
  • Notarize a document if the date of the jurat or certificate of acknowledgment is not the actual date the document was notarized
  • Notarize a document or notarial certificate if the signatures are not original
  • Notarize a document with blanks or an incomplete document
  • Notarize a document drafted in a language other than English if the document is not accompanied by a permanently affixed and accurate written English translation
  • Impersonate or assume the identity of another notary
  • Perform a notarial act if the notary cannot establish the identity of the signer through satisfactory evidence of identity
  • Certify a copy of a publicly recordable document
 
Criminal Offense:
A notary public who commits official misconduct may be subject to criminal liability and civil liability, which may include monetary penalties, imprisonment, or both. A court finding of such official misconduct may result in the revocation of the notary’s commission by the Secretary of State.
 
Notarial Certificates:
Click here to view your state's notarial certificates.

Revised: August 2015

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