How to become a North Dakota Notary

Abbreviation: ND   |   39th State   |   Statehood: November 2, 1889 |
How to become a notary in North Dakota:
To become a notary in North Dakota, a notary applicant must meet all of the following requirements:
  1. Be at least 18 years of age
  2. Be a citizen or permanent legal resident of the United States
  3. Be a resident of or have a place of employment or practice in North Dakota, or reside 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
  4. Be able to read and write in English
  5. Not be disqualified to receive a commission under Section 44-06.1-21
 
Qualifications for becoming a notary in North Dakota:
In order to become a North Dakota notary and receive a North Dakota notary public commission, a notary applicant must:
  1. Meet the eligibility requirements provided in the previous section.
  2. Purchase an assurance in the form of a surety bond in the amount of $7,500 issued by a surety or other entity licensed or authorized to do business in North Dakota.
  3. Submit to the Secretary of State: (1) a complete Notary Application form, (2) an executed oath of office, (3) a $7,500 surety bond, and (4) a $36 filing fee to process the application of appointment.
  4. The Secretary of State will issue a Certificate of Authorization upon approval of the application.
  5. Purchase a notary stamp with the Certificate of Authorization.
  6. Send back the Certificate of Authorization with the impression of the notary stamp to the Secretary of State.
  7. The Secretary of State will issue an official notary public commission upon approval of the notary stamp.
  8.  

    Download the Notary Application form at http://sos.nd.gov/notaries-public/notaries-public-forms-and-fees or click here.

 
Can a non-resident become a notary in North Dakota?
Yes. A non-resident can become a North Dakota notary public if the person (1) meets the qualifications as a North Dakota resident; (2) resides in a border county of North Dakota which is in a state that extends reciprocity to a notary public who resides in a border county of North Dakota; (3) has a place of employment or practice in North Dakota; (4) designates 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; and (5) completes an Appointment of Agent form. If a non-resident notary moves outside of North Dakota to a county that borders North Dakota and which extends reciprocity to a notary public, the non-resident notary must submit a Notary Change of Address form to the Secretary of State. Download the Notary Change of Address/Resignation form at http://sos.nd.gov/notaries-public/notaries-public-forms-and-fees or click here.

 

Reciprocity: A notarial act performed in North Dakota by a notary public of a bordering state has the same effect as if the act were performed by a North Dakota notary, if the bordering state grants North Dakota notaries similar authority within that state. So far, Montana is the only state to reciprocate.

 
Is a North Dakota notary bond required to become a notary in North Dakota?
Yes. An assurance in the form of a surety bond or its functional equivalent in the amount of $7,500 is required for new and renewing notaries public. The assurance must be issued by a surety or other entity licensed or authorized to do business in North Dakota.
 
Do I need North Dakota notary errors and omissions insurance?
Optional. Errors and omission insurance is designed to protect notaries public from liability against unintentional notarial mistakes or omissions that resulted in financial damages to the public or a document signer.
 
How much does it cost to become a notary in North Dakota?
To become a notary public in North Dakota, an applicant’s expenses include the following requirements: (1) a $36 application processing fee when submitting his or her application for appointment or reappointment; (2) a notary stamp; (3) a surety bond; and (4) the recommended notary journal
 
How long is the term of a notary public commission in North Dakota?
The term of office of a North Dakota notary public is six years commencing with the date specified in the commission. However, a notary’s commission may be rendered void: (1) by resignation, (2) by death, (3) by revocation, or (4) when the notary public ceases to reside in North Dakota.
 
Where can I perform notarial acts in North Dakota?
A North Dakota notary public has statewide jurisdiction and may perform notarial acts in any county at any location in North Dakota. Likewise, a North Dakota notary public may not perform notarial acts outside this state, unless he or she is also commissioned in Montana.
 
Who appoints North Dakota notaries public?
The Secretary of State appoints North Dakota notaries public.

 

Contact information for the Secretary of State is as follows:

 

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/

 
How to renew your North Dakota notary commission:
The Secretary of State shall notify each notary public by mail at least thirty days before the notary’s current commission expires. The notice is sent to the notary public at the last-known place of residence.
 
Are there any exams or notary course requirements to become a notary or renew your North Dakota notary commission?
No. State law does not mandate a course of study or examination to become a notary public in North Dakota.
 
Do I need to purchase a notary stamp in North Dakota?
Yes. North Dakota law requires all notaries public to use a rubber-inked stamp to authenticate all notarial acts. Section 44-06.1-16of the North Dakota Century Code provides the legal specifications regarding the layout and the information required on all notary stamps.

 

Dimensions: If circular, the notary stamp may be up to or equal to one and five-eighths inch in diameter. If a rectangular design, it may be up to or equal to seven-eighths inch vertically by two and five-eighths inches horizontally, including the border.

 

Required Elements: The North Dakota notary stamp must contain the following elements:

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

    Note: An embosser is prohibited. The notary stamp may not contain any other words, numbers, symbols, or a reproduction of the great seal of the state.

     
    Is a notary journal required in North Dakota?
    No. North Dakota law does not require a North Dakota notary public to record his or her notarial acts in a journal. However, the North Dakota Secretary of State and the American Association of Notaries recommend that North Dakota notaries record their notarial acts in a permanent, paper-bound journal with numbered pages designed to deter fraud as a protective measure against liability. For North Dakota notary supplies, visit our website at www.usnotaries.com,call (800) 721-2663, or click here.
     
    How much can a North Dakota notary charge for performing notarial acts?
    North Dakota notary fees are set by statute (§44-06.1-28). The maximum allowable fees that a North Dakota notary public can charge for notarial acts are listed below:
  • Acknowledgments - $5.00
  • Verifications on oath or affirmation - $5.00
  • Jurats - $5.00
  • Witness or attest a signature - $5.00
  • Copy certification - $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.

     
    What notarial acts can a North Dakota notary public perform?
    A North Dakota notary public is authorized to perform these six notarial acts:
  • Take acknowledgments
  • Administer oaths and affirmations
  • Note protests of negotiable instruments (only certain notary employees of financial institutions)
  • Witness or attest signatures
  • Take verifications on oath or affirmation
  • Certify or attest copies
  •  

    Can I perform electronic notarizations in North Dakota?
    Yes. The State of North Dakota enacted the Revised Uniform Law on Notarial Acts, which set forth certain definitions and procedures for electronic notarizations. State law mandates that before a North Dakota notary performs an electronic notarization with respect to an electronic record, the notary public must notify the Secretary of State that the notary will be performing electronic notarizations with respect to electronic records and identify the technology the notary intends to use. Most importantly, state law mandates that the document signer must personally appear before the notary public and be physically close enough to see, hear, communicate, and give identification credentials without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine at the time of the performance of the notarial act. North Dakota notaries public are prohibited from performing online webcam notarizations.
     
    How do I change my address?
    A North Dakota notary public must notify the Secretary of State within sixty days of any change of address. If a 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 public 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. Download the Change of Address form at http://sos.nd.gov/notaries-public/notaries-public-forms-and-fees or click here.
     
    How do I change my name on my notary commission in North Dakota?
    If a North Dakota notary public lawfully changes his or her name during the term of the commission, the notary is required to notify the Secretary of State in writing of the name change within sixty days. The notary must: (1) complete a Notary Name Change/Notary Seal/Stamp Change form; (2) obtain a rider to the notary’s surety bond stating both the old and new name; (3) make sure the rider includes the effective date of the new name;(4) pay a $10 filing fee; (5) follow the same initial notary application process and procedures; (6) receive a new Certificate of Authorization after all of the above documents are processed and approved by the Secretary of State; and (7) send back the certificate of authorization with an impression of the new notary stamp to the Secretary of State. The Secretary of State will issue a notary commission certificate with the new name after the new notary stamp is approved. Download the Notary Name Change form at http://sos.nd.gov/notaries-public/notaries-public-forms-and-fees or click here.
     
    Death/Resignation/Removal:
    A North Dakota notary public or his or her representative is required to send a signed letter to the Secretary of State’s office if the notary: (1) no longer maintains residence in North Dakota during the entire term of appointment; (2) no longer wishes to hold the office of notary public; (3) is deceased; or (4) is duty-bound to resign by court order or the Secretary of State’s revocation process. A notary or notary’s representative must deliver all of the notarial records and papers to the Secretary of State within ninety days. In addition, the notary stamp must immediately be destroyed in a manner that renders it unusable.
     
    Prohibited Notarial Acts:
    These acts of notarial misconduct provide a basis for administrative disciplinary action:
  • Submitting fraudulent, dishonest, or deceitful misstatements or omissions in the application for a commission to the Secretary of State
  • Notarizing a document that was not signed in the presence of the notary
  • Assisting in drafting, preparing, selecting, or giving legal advice concerning legal documents
  • Performing acts that constitute the practice of law
  • Acting as an immigration consultant or an expert on immigration matters
  • Representing an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or a related matter
  • Receiving compensation for immigration-related matters
  • Using the phrase “notario” or “notario publico” to advertise notary services unless the notary is an attorney licensed to practice law in North Dakota
  • Claiming to have powers, qualifications, rights, or privileges that the office of notary public does not provide
  • Notarizing a document if the name of the notary or his or her spouse appears on the document as a party to the transaction
  • Notarizing a document if the signature is that of the notary or his or her spouse
  • Notarizing under any other name than what appears on the notary commission
  • Notarizing a document if the date of the jurat or certificate of acknowledgment is not the actual date the document was notarized
  • Notarizing a document or notarial certificate if the signatures are not original
  • Notarizing a document with blanks or an incomplete document
  • Notarizing a document without a notarial certificate
  • Notarizing predated or postdated documents
  • Affixing a notary’s signature to a notarial certificate without performing a notarial act
  • Selecting a notarial certificate for a signer when the document did not contain one
  • Charging more than the fee prescribed by law for notarial services
  • Notarizing a document drafted in a language other than English if the document is not accompanied by a permanently affixed and accurate written English translation
  • Impersonating or assuming the identity of another notary
  • Performing a notarial act if the notary cannot establish the identity of the signer through satisfactory evidence of identity
  • Certifying a copy of a publicly recordable document
  •  
    Official Notarial Misconduct:
    A North Dakota 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 official misconduct may result in the revocation of the notary’s commission by the Secretary of State.

     

    North Dakota Notary Laws and Regulations:
    North Dakota Century Code, Title 44, Chapter 44-06.1, “Revised Uniform Law on Notarial Acts”
    http://www.legis.nd.gov/cencode/t44c06-1.html

     

    North Dakota Century Code, Title 47, Chapter 47-19, “Record Title”
    http://www.legis.nd.gov/cencode/t47c19.html

     

    North Dakota Century Code, Title 44, Chapter 44-05, “Administration of Oaths”
    http://www.legis.nd.gov/cencode/t44c05.html

     

    North Dakota Century Code, Title 44, Chapter 44-08, “Miscellaneous Provisions”
    http://www.legis.nd.gov/cencode/t44c08.html

     

     

    Notarial Certificates:
    Click here to view North Dakota notarial certificates.

    Revised: December 2017

    Legal disclaimer: The American Association of Notaries makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained on this page. Information this page is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding federal laws and statutes and the laws and statutes of each state, we have gathered the information from a variety of sources. We do not warrant the information gathered from those sources. It is your responsibility to know the appropriate laws governing your state. Notaries are advised to seek the advice of an attorney in their state if they have legal questions about how to notarize.
    0 Products $0.00
    View Cart | Checkout