Performing Electronic and Remote Notarizations

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Most notarizations that you perform will be traditional in-person notarizations. However, North Dakota law allows for notaries public commissioned in this state to perform electronic notarizations and remote notarizations.

 

Authorization to Perform Electronic and/or Remote Notarizations

Before performing electronic or remote notarizations, you must file a Notary Public Amendment through the FirstStop Portal.

In the Notary Public Amendment, you will need to indicate whether you will be performing electronic and/or remote notarizations and also indicate the name of the provider of the communication technology that you will be using for those types of notarizations.

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

When selecting a 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.

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

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Electronic Notarization

Electronic notarization is a notarial act on an electronic document and is often referred to as In-Person Electronic Notarization (IPEN). The signer still appears before you in person, but both you and the signer sign the document electronically. It follows the same requirements as traditional notarization except for the requirement of the notary stamp. If the certificate contains your name, the date of the notarial act, jurisdiction, and your title, your official stamp may be included, but it is not required.

 

Remote Notarization

Remote notarization is performing a notarial act for an individual who does not physically appear before you at the time of the notarial act. 

Types of Remote Notarization

There are two types of remote notarization: Remote Ink Notarization (RIN) and Remote Online Notarization (RON).

Each has its own specific requirements, but there are a few key points that apply to both RIN and RON.

  • Personal Appearance - Remote notarization requires that you and the signer use two-way audiovisual technology through a webcam, phone, or other device. The audiovisual session must be recorded by you, or a person acting on your behalf.
  • Document Verification – You must be able to confirm during the audiovisual session that the document before you is the same document that the individual will be signing.
  • Notary Journal - You must maintain a notary journal for all notarial acts performed for remotely located individuals. Both the audiovisual recordings and the journal must be saved for 10 years.
  • Identity - The identity of the remotely located individual must be confirmed by one of the methods below:
    • Personal knowledge of the individual’s identity.
    • At least 2 different types of identity proofing (example: knowledge-based questions answered online).
    • Verification on oath or affirmation from a credible witness appearing before you.  
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Remote Ink Notarization (RIN) is a notarization performed for a remotely located individual on a paper document that will include a wet-ink signature. The only type of notarial act that may be performed using RIN is an acknowledgment.

During RIN, the document being notarized is in the possession of the signer. The signer must display, identify, and sign the document during the RIN. Additionally, the signer must include on the document, or attach to the document, a declaration similar to: 

“I declare under penalty of perjury that the record of which this declaration is a part or to which it is attached is the same record on which [name of notary public], a notary public, performed a notarial act and before whom I appeared by means of communication technology on [date].” This is followed by the signature and printed name of the remotely located individual.

The signer must send the document and declaration to you within 3 days after the notarial act is performed. When you receive the document and declaration, you must indicate in the notarial certificate that the notarial act was performed using communication technology by including a statement similar to:

“This notarial act involved the use of communication technology. “I, [name of notary public], witnessed, by means of communication technology, [name of remotely located individual], sign the attached record and declaration on [date].”

 The effective date of a RIN is the date the remotely located individual signed the declaration.

Remote Online Notarization (RON) is a notarization performed for a remotely located individual on an electronic document. It is signed electronically, and you must be able to confirm that the record being signed electronically is the same as the record that appears before you.

When performing a RON, the certificate must include a statement that the notarial act was performed using communication technology, similar to: 

This notarial act involved the use of communication technology.
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Additional Details

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If an individual needs a tangible copy of an electronic document that was notarized using electronic or remote notarization, you may certify that the tangible copy is an accurate copy of the electronic document.

If the signer is located outside the United States, the document that is being notarized must fall into one of the following categories:

  • The document is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States.
  • The document involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.

It is essential to verify that the act of making the statement or signing the document is not prohibited by the foreign state in which the signer is located.

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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