Performing Notarial Acts

Personal appearance is required for notarial acts performed in North Dakota. The person whose signature is being notarized must appear in your presence when you complete the notarial act.

Review the document to ensure that it is complete and contains no blanks. If the document contains blanks, you will need to either:

• Have the signer add a dash or “n/a” to the blanks
• Confirm with the signer that the blanks are to be completed after the document is notarized

If the document you are notarizing is in a foreign language, an English translation must be attached to the document prior to notarization.

You must verify a signer's identity prior to notarizing the signature on a document. You may not notarize a signature unless you personally know or have satisfactory evidence that the person whose signature is being notarized is the person executing the document. You can verify the identity of the person whose signature is being notarized using any one of the following options:

• Personal Knowledge – This is the easiest method to verify a person's identity. In this instance, you have personal knowledge from association with the person, which would establish the person's identity.
• Identification Card or Papers – This method of verifying a person's identity involves examining the photograph, accurate physical description, and signature on the identification card or papers. Examples of acceptable forms of identification include a driver's license, passport, or non-driver’s ID that is currently valid and not expired more than 3 years. Other forms of government-issued ID that are currently valid and not expired more than 3 years that contain the person's signature or a photograph of the person, which is satisfactory to the notary, may also be accepted.
• 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 based on an identification card or papers.

You may request additional information or identification of a person to verify their identity before notarizing a document. If you are uncomfortable or suspicious of any identification, you may refuse to perform the notarial act.

Ensure that the document contains a notarial certificate identifying the notarial act that is being performed. If the document does not contain a notarial certificate, the person whose signature is being notarized must choose which notarial certificate is needed. You should not select the notarial certificate. 

When a signature is notarized, 1 of 4 official notarial acts takes place: (1) acknowledgment; (2) verification on oath or affirmation; (3) witnessing or attesting a signature; or (4) copy certification. Each of these official notarial acts has a different purpose.

Acknowledgment

When performing an acknowledgment, the document signer must personally appear before you and declare that they have executed and signed the document for the purposes stated within the document. 

At the time the document is acknowledged, you must complete the notarial certificate that states the signer acknowledged the document.

Example of an acknowledgment.

Verification on Oath or Affirmation (formerly known as jurat)

Some documents require that a signature be made under oath or affirmation. This notarial act is known as a verification on 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 you to swear (or affirm) to you that the information contained in the document is true. 

A person who makes a false oath or affirmation may be subject to criminal charges. A notarization requiring an oath should begin with the administration of an oath or affirmation. The person must then sign the document in your presence, and you must complete a proper notarial certificate indicating that an oath or affirmation was taken.

Example of a verification on oath or affirmation.

Witnessing or Attesting a Signature

As a notary, you may simply be asked to witness or attest the signature of the person signing the document. The person must personally appear before you and sign the document in your presence. You must then complete the notarial certificate indicating that you witnessed or attested the signature.

Example of witnessing or attesting a signature. 

Copy Certifications

Copy certifications prove that you, as a 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.

Example of a copy certification.

A certificate must be included with each notarial act. The certificate must be executed at the same time as the performance of the notarial act. 

As a notary, you are accountable for every word in the notarial certificate. You should:

• Not notarize a document that does not have a complete notarial certificate on the document or on an attachment to the document
• Never assume a preprinted certificate complies with law or that it is accurate or truthful
• Ensure the preprinted certificate complies with the requirements of notarial acts performed in North Dakota.

Notarial certificates can be typed, printed, or handwritten in ink. You 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 by means of __________ (staple, glue, tape).

If you are asked to notarize a document that contains a prepared notarial certificate, the keywords "acknowledged,” “sworn to," or “signed” help inform you which notarial act is required. If there is no notarial certificate on the document, the signer must choose which notarial act is needed. Unless you are an attorney, you are not authorized to advise a person which notarial act is appropriate for the document presented for notarization.

Minimum notarial certificate information

• State and county where the notarial is being performed.
• Text for the certificate of notarial act.
• Date the notarial act was performed. If the date is prefilled on the certificate, ensure it is the actual date of the notarial act. If not, correct as necessary, and initial and date next to the correction. The date included in the notarial certificate must be the date the notarial act is performed.
• Signature of the person whose signature is being notarized.
• Your signature in the same manner as on file with the Secretary of State.
• A clear impression of your stamping device, which includes your commission expiration date. Even if a document has a space to handwrite your commission expiration date, it is not required that the commission expiration date be written or typed on a document. Your commission expiration date appears on your stamp, which is sufficient evidence of your commission expiration date. If you write the incorrect commission expiration date on the document, the discrepancy between the handwritten expiration date and the actual expiration date could expose you to a potential violation.

If someone is physically unable to sign the document, the signer may instruct another person (other than you and be someone who has no interest in the transaction) to sign the person's name on the document in their presence. You should then insert something in the certificate similar to "Signature affixed by (name of other individual) in the presence of and at the direction of (name of individual)." You should also follow the guidelines below:

• Question the person to ensure that they understand the nature and effect of the document to be signed. If the person is blind, read the entire document to them. If the person does not understand, do not notarize the document.
• It is also recommended that a person with no interest in the transaction witness the document's signing and notarization and that the person's name and address be clearly printed below their signature.

On a rare occasion, you may need to notarize the signature of a person who signs by way of mark. The person may be illiterate or 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 ensure that they understand the nature and effect of the document to be signed. If the person is illiterate, read the entire document to them. If the person does not understand, do not notarize the document.

2. 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."

   John X Doe
   His Mark

3. Ask the person to make their mark on the signature line.
4. Have a person with no interest in the transaction witness the document's signing and notarization and that the person's name and address be clearly printed below their signature.
5. 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."

A notary journal is a record of each notarial act you complete. Although not required by law, you may choose to maintain one for personal protection. A notary journal can protect you and the document signer from any accusations of wrongdoing, and it also assists in preventing any wrongdoing on your part. 

Every journal entry is legally presumed to be truthful and constitutes your knowledge of the notarization performed. If a notarized document is lost or altered or certain facts about the transaction are later challenged, the journal becomes valuable evidence that can both protect the rights of property owners and help you defend yourself against false accusations.

You should add a new journal entry before completing each notarial act. If you are notarizing more than one document for a person, you should add a separate journal entry for each document notarized.

Each journal entry should include the following:

• Date and time of the notarial act
• Type of notarization
• Date of document notarized
• Type of document
• Identification provided as proof of identity
• Document signer's printed name
• Document signer's address
• Document signer's signature
• Any other relevant information related to the notarial act

A notarization is effective, valid, and binding on the notary as long as the document on which it appears remains effective and valid. Therefore, keeping a journal becomes a permanent detailed record of all the notarizations performed. It is important to note that if you choose to maintain a journal, be consistent with its use so that there are no gaps in the timeframe of the journal.

If you decide to use a journal, you should use one that is permanently bound with pre-numbered empty spaces. This sample notary journal page shows what information is captured in a notary journal.

As a notary, you may not notarize a document if:

• The document was not personally signed or resigned in your presence (for a verification on oath or affirmation)
• The document was not personally acknowledged in your presence (for an acknowledgment)
• Your name or your spouse's name appears on the document as a party
• You or your spouse has a direct beneficial interest
• You are notarizing your own signature or the signature of your spouse
• You use a name or initial other than what appears on your commission
• The date of the verification on oath or affirmation or acknowledgment is not the actual date the document is notarized, or the verification on oath or affirmation or acknowledgment is undated
• Any signature on the document is not an original signature

Although not prohibited by law, it is recommended that you do 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, it is best to refer the family member to another notary to avoid any possible conflicts.

It may not be possible for a signer to physically appear before a notary public. To address these situations, North Dakota law allows notaries public commissioned in this state to perform remote notarizations. The requirements for remote notarizations, specifically, are covered in NDCC § 44-06.1-13.1.

Before you may perform your first remote notarization, you must provide the following information to the Secretary of State by filing a Notary Public Amendment through the FirstStop Portal.

• Notification that you will be performing notarial acts with respect to remotely located individuals
• Identification of the technologies you intend to use by providing the name of the provider of the communication technology that will be utilized for remote notarization

Listed below are examples of companies that provide remote notarization solutions. This is not a complete list of providers, and the Secretary of State does not endorse any provider or require one to be selected from the list.

• BlueNotary
• Cyberize It, LLC
• LenderClose
• NotaryCam
• OneNotary.US
• OneSpan Notary
• Online Notary Center, Inc.
• OnlineNotary.us
• Pavaso
• ProNotary LLC
• Proof
• Secured Signing Inc.
• SIGNiX
• Stavvy, Inc.

You should do thorough research before selecting a provider. The provider’s remote notarization communication technology must comply with the legal requirements listed in NDCC ch. 44-06.1. 

When selecting a remote notarization solution provider, you should ensure that the provider can and will comply with all North Dakota legal requirements because not all solutions do. For example, a provider may have technology that meets the remote in-person requirement, but it may not record and retain the audiovisual recording for 10 years as required by state law.

In certain situations, you may consider it unethical to notarize a document for someone even though you are not prohibited from notarizing the document, or you may not want to notarize a document. You may refuse to perform a notarial act if you:

• Believe that the person whose signature is being notarized is not competent or lacks the capacity to execute the instrument
• Do not believe that the person whose signature is being notarized is executing the instrument knowingly or voluntarily
• Have any other reason unless prohibited by law.

You may charge a fee of no more than $5 for each notarial act. However, if you need to travel to perform the notarial act, you may charge an additional travel fee if you and the person agree on a travel fee in advance. The person must also understand that the travel fee is in addition to the notarial fee and is not required by law.