Do you need to get something notarized? The Office of the Secretary of State commissions notaries public (also known as notaries) who are able to help with this.
Notaries:
- Serve as impartial witnesses to prevent fraud related to the signing of official documents
- Observe if document signers are aware of what they are signing and that they are not being forced to sign under duress or intimidation
- May refuse to notarize a document if they:
- Believe that the person whose signature is being notarized is not competent or lacks the capacity to understand the document
- Do not believe the person is knowingly and voluntarily signing the document or for any other reason unless prohibited by law
- Cannot give legal advice unless they are also attorneys.
A notarization does not prove a document or statement is true or accurate, nor does a notarization validate or legalize a document.
Notaries may charge a fee of up to $5 for each notarial act. However, if they need to travel to perform the notarial act, they may charge an additional travel fee. You and the notary must agree on a travel fee in advance.
Notarization Process
Step 1: Signer Prepares Document and ID
Make sure the document you want notarized is complete and contains no blank spaces. If the document is in a foreign language, you must attach an English translation to it.
If you do not personally know the notary public:
- You must bring a form of identification that the notary can use to confirm your identity. This could be a valid driver’s license, non-driver’s ID, or passport. The name on your identification must match the name on your document.
- And are not able to provide identification, a credible witness may swear to the notary that they know you and that you have the identity claimed. The witness must personally know the notary public or be able to provide acceptable identification to the notary public.
Step 2: Notary Examines the Document
The notary will examine the document to ensure it is complete.
If the document contains blanks, you will need to either:
- Add a dash or “n/a” to the blanks
- Confirm to the notary that the blanks are to be completed after the document is notarized
Step 3: Signer Identity is Verified
The notary will confirm your identity as the signer. This can be done in one of the following ways:
- Personal Knowledge – This is the easiest method to verify your identity. In this instance, the notary personally knows you and can attest to your identity.
- Identification Card or Papers – This method of verifying a person's identity involves examining the photograph, accurate physical description, and signature on the provided identification. Examples include a valid driver's license, non-driver's ID, or passport.
- Credible Witness – A credible witness is a third person who has personal knowledge of your identity. The credible witness must verify on oath or affirmation your identity. The notary must be able to identify the credible witness by personal knowledge or based on an identification card or papers.
Step 4: Identify Type of Notarization Needed
The notary will view the notarial certificate on the document to identify the type of notarization needed (acknowledgment, verification on oath or affirmation, witnessing or attesting a signature, or copy certification). If the document does not contain a notarial certificate, you must choose which notarial certificate is needed. The notary should not select the notarial certificate.
Step 5: Complete Notarization
The notary will finish the notarization by completing the notarial certificate, signing the document, and placing a clear impression of their notary stamp on the document.
Additional Details
Types of Notarizations
There are different types of notarizations:.
- Acknowledgment – person who signed the document acknowledges their signature and declares that they signed the document for the purposes stated within the document.
- Verification on Oath or Affirmation (also known as Jurat) – person who signs the document swears or affirms that the information contained within the document is true.
- Witnessing or Attesting a Signature – signing of the document is simply witnessed or attested by the notary public.
- Copy Certifications – notary public certifies that a copy of a document is an exact match of the original.
Signer is Physically Unable to Sign Document or Signs by Way of Mark
If you are physically unable to sign the document due to a disability, you may instruct another person (other than the notary) to sign your name in the notary’s presence. You will need to provide identification, but the designated signer doesn't need to. The notary will ask questions to ensure that you understand the document.
No additional procedures are required by law if you sign by way of mark instead of using a signature. If you sign this way, the notary will add the proper notation to indicate that you signed by way of mark.
Remote Notarization
Most notarizations take place in person. However, it may not be possible for you to physically appear before a notary public. North Dakota law allows notaries public commissioned in this state to perform remote notarizations.
Remote notarizations must take place online using audio and visual technology. The audio/video session is recorded and the recordings are stored for 10 years.
When completing a remote notarization, the notary public must be able to verify that you, as the signer, are who you say you are by:
- Personal knowledge of your identity
- A credible witness appearing before the notary to provide an oath or affirmation confirming who your identity
- Providing at least 2 different types of identity proofing (example: knowledge-based questions answered online)
Disclaimer: Content provided on this website is for informational purposes and not intended as advice. Consultation with legal, tax, and/or business professionals is recommended to ensure appropriate consideration of the implications of your decisions