North Dakota Notary cheat sheet
North Dakota Notary · Keep the key ideas within reach.
Applying for a Notary Commission
Applicants apply to the North Dakota Secretary of State, which commissions notaries; the Secretary of State's office administers the application, oath, and bond filing process.
Statutory eligibility turns on being at least 18 years old, a legal resident of North Dakota (or otherwise authorized by law), and able to read and write English.
The application requires the applicant's legal name, residence and business addresses, county of residence, and contact information; the commission name must match the applicant's legal name.
A surety bond in the amount set by statute (commonly $7,500) must be obtained and filed with the Secretary of State before the commission issues; the bond runs to the state for the benefit of injured parties.
The applicant takes an oath of office and files it together with the bond; the commission term is generally four years and expires on a fixed date rather than the anniversary of appointment.
An applicant must not have a disqualifying felony conviction or a prior revocation of a notary commission without disclosure and review by the Secretary of State.
Nonresident applicants may qualify only where the applicant holds a place of employment or business in North Dakota and meets the statutory conditions for nonresident commissions.
A commission is not transferable and applies statewide; a notary may perform notarial acts in any North Dakota county regardless of the county of residence listed on the application.
Maintaining a Notary Commission
A notary must keep the official seal and journal in a secure location and remains responsible for them; the seal must be surrendered or destroyed when the commission ends.
The seal must contain the notary's name exactly as commissioned, the words "Notary Public," the state name "North Dakota," and the commission expiration date; a seal missing required elements is defective.
A notary must notify the Secretary of State of a legal name change and obtain a new seal; a change of address within the state must also be reported.
Renewal requires a new application, bond, and oath filed before the expiration date; a notary who lets a commission lapse must stop notarizing immediately and cannot backdate acts.
A notary must not perform notarial acts after the commission expiration date, and an expired notary's seal must not be used even if a new commission is pending.
Loss, theft, or misuse of the official seal or journal must be reported to the Secretary of State and to law enforcement as appropriate.
A notary may be removed or disciplined by the Secretary of State for official misconduct, and a court may also enjoin a notary from performing notarial acts.
Keeping a journal of notarial acts is required practice; entries record date, act type, document description, signer name, and identification method, and the journal is exempt from public disclosure but must be produced on lawful request.
Performing Notarial Acts
Core acts include acknowledgments, jurats, oaths and affirmations, verification on oath or affirmation, witness of signature, and copy certification; each has its own certificate wording.
In an acknowledgment the signer personally appears, is identified, and acknowledges executing the document voluntarily; the notary certifies the acknowledgment, not the truth of the document's contents.
In a jurat the signer personally appears, signs the document in the notary's presence, and swears or affirms the contents are true; the notary administers the oath and completes the jurat certificate.
Personal appearance is required for traditional paper notarization; the notary must identify the signer by personal knowledge or by satisfactory evidence such as a government-issued photo ID.
The notary must complete the certificate with the date of the act, the notary's signature, the official seal, and the county and state where the act was performed.
A notary must not notarize a document in which the notary is a party, has a beneficial interest, or is named as a grantee, beneficiary, or witness; self-notarization is prohibited.
The notary must determine that the signer appears competent and acts voluntarily; if the signer appears incapacitated or under duress, the notary must decline the act.
A notary may certify a copy of a document only where authorized; certified copies of public records or vital records must be obtained from the custodian, not from a notary.
Electronic and Remote Notarization
Remote online notarization requires the signer to appear by real-time audio-video communication; the notary must be able to see and speak with the signer throughout the act.
Identity proofing for remote acts uses knowledge-based authentication plus credential analysis of a government-issued photo ID, or another approved method.
An electronic notarial act requires the notary's electronic signature and electronic seal, and the certificate must indicate that the act was performed electronically.
The notary must record or retain an audio-video recording of the remote session as required by rule, and the recording is retained for the statutory retention period.
A notary may perform remote notarization for a signer located outside North Dakota only where the notary complies with North Dakota law and the act is not prohibited by the signer's location.
Tamper-evident technology must be applied to the electronic document so that any later change to the notarized content is detectable.
The notary must keep an electronic journal of remote acts with the same detail as a paper journal, including the identity-proofing result and session recording reference.
A notary performing electronic or remote acts must hold the required authorization and use only systems that meet state technical and security standards.
Apostille and Certification
An apostille certifies the authenticity of a North Dakota notary's signature and seal for use in countries that are parties to the Hague Apostille Convention.
The Secretary of State issues apostilles for documents notarized in North Dakota; the requesting party submits the original notarized document with the required fee and request form.
For countries not party to the Hague Convention, the Secretary of State issues a certification or authentication rather than an apostille, often followed by U.S. Department of State legalization.
An apostille covers only the notary's signature and seal, not the accuracy or legal effect of the underlying document.
The document must be properly notarized before submission; a defective or incomplete notarial certificate causes rejection and requires re-notarization.
Apostilles are commonly needed for foreign adoption, international business documents, transcripts, and powers of attorney used abroad.
The requesting party should confirm the destination country's requirements, since some countries require translation or additional consular legalization after the apostille.
Applying for a Notary Commission
Applicants apply to the North Dakota Secretary of State, which commissions notaries; the Secretary of State's office administers the application, oath, and bond filing process.
Statutory eligibility turns on being at least 18 years old, a legal resident of North Dakota (or otherwise authorized by law), and able to read and write English.
The application requires the applicant's legal name, residence and business addresses, county of residence, and contact information; the commission name must match the applicant's legal name.
A surety bond in the amount set by statute (commonly $7,500) must be obtained and filed with the Secretary of State before the commission issues; the bond runs to the state for the benefit of injured parties.
The applicant takes an oath of office and files it together with the bond; the commission term is generally four years and expires on a fixed date rather than the anniversary of appointment.
An applicant must not have a disqualifying felony conviction or a prior revocation of a notary commission without disclosure and review by the Secretary of State.
Nonresident applicants may qualify only where the applicant holds a place of employment or business in North Dakota and meets the statutory conditions for nonresident commissions.
A commission is not transferable and applies statewide; a notary may perform notarial acts in any North Dakota county regardless of the county of residence listed on the application.
Maintaining a Notary Commission
A notary must keep the official seal and journal in a secure location and remains responsible for them; the seal must be surrendered or destroyed when the commission ends.
The seal must contain the notary's name exactly as commissioned, the words "Notary Public," the state name "North Dakota," and the commission expiration date; a seal missing required elements is defective.
A notary must notify the Secretary of State of a legal name change and obtain a new seal; a change of address within the state must also be reported.
Renewal requires a new application, bond, and oath filed before the expiration date; a notary who lets a commission lapse must stop notarizing immediately and cannot backdate acts.
A notary must not perform notarial acts after the commission expiration date, and an expired notary's seal must not be used even if a new commission is pending.
Loss, theft, or misuse of the official seal or journal must be reported to the Secretary of State and to law enforcement as appropriate.
A notary may be removed or disciplined by the Secretary of State for official misconduct, and a court may also enjoin a notary from performing notarial acts.
Keeping a journal of notarial acts is required practice; entries record date, act type, document description, signer name, and identification method, and the journal is exempt from public disclosure but must be produced on lawful request.
Performing Notarial Acts
Core acts include acknowledgments, jurats, oaths and affirmations, verification on oath or affirmation, witness of signature, and copy certification; each has its own certificate wording.
In an acknowledgment the signer personally appears, is identified, and acknowledges executing the document voluntarily; the notary certifies the acknowledgment, not the truth of the document's contents.
In a jurat the signer personally appears, signs the document in the notary's presence, and swears or affirms the contents are true; the notary administers the oath and completes the jurat certificate.
Personal appearance is required for traditional paper notarization; the notary must identify the signer by personal knowledge or by satisfactory evidence such as a government-issued photo ID.
The notary must complete the certificate with the date of the act, the notary's signature, the official seal, and the county and state where the act was performed.
A notary must not notarize a document in which the notary is a party, has a beneficial interest, or is named as a grantee, beneficiary, or witness; self-notarization is prohibited.
The notary must determine that the signer appears competent and acts voluntarily; if the signer appears incapacitated or under duress, the notary must decline the act.
A notary may certify a copy of a document only where authorized; certified copies of public records or vital records must be obtained from the custodian, not from a notary.
Electronic and Remote Notarization
Remote online notarization requires the signer to appear by real-time audio-video communication; the notary must be able to see and speak with the signer throughout the act.
Identity proofing for remote acts uses knowledge-based authentication plus credential analysis of a government-issued photo ID, or another approved method.
An electronic notarial act requires the notary's electronic signature and electronic seal, and the certificate must indicate that the act was performed electronically.
The notary must record or retain an audio-video recording of the remote session as required by rule, and the recording is retained for the statutory retention period.
A notary may perform remote notarization for a signer located outside North Dakota only where the notary complies with North Dakota law and the act is not prohibited by the signer's location.
Tamper-evident technology must be applied to the electronic document so that any later change to the notarized content is detectable.
The notary must keep an electronic journal of remote acts with the same detail as a paper journal, including the identity-proofing result and session recording reference.
A notary performing electronic or remote acts must hold the required authorization and use only systems that meet state technical and security standards.
Apostille and Certification
An apostille certifies the authenticity of a North Dakota notary's signature and seal for use in countries that are parties to the Hague Apostille Convention.
The Secretary of State issues apostilles for documents notarized in North Dakota; the requesting party submits the original notarized document with the required fee and request form.
For countries not party to the Hague Convention, the Secretary of State issues a certification or authentication rather than an apostille, often followed by U.S. Department of State legalization.
An apostille covers only the notary's signature and seal, not the accuracy or legal effect of the underlying document.
The document must be properly notarized before submission; a defective or incomplete notarial certificate causes rejection and requires re-notarization.
Apostilles are commonly needed for foreign adoption, international business documents, transcripts, and powers of attorney used abroad.
The requesting party should confirm the destination country's requirements, since some countries require translation or additional consular legalization after the apostille.
Applying for a Notary Commission
Applicants apply to the North Dakota Secretary of State, which commissions notaries; the Secretary of State's office administers the application, oath, and bond filing process.
Statutory eligibility turns on being at least 18 years old, a legal resident of North Dakota (or otherwise authorized by law), and able to read and write English.
The application requires the applicant's legal name, residence and business addresses, county of residence, and contact information; the commission name must match the applicant's legal name.
A surety bond in the amount set by statute (commonly $7,500) must be obtained and filed with the Secretary of State before the commission issues; the bond runs to the state for the benefit of injured parties.
The applicant takes an oath of office and files it together with the bond; the commission term is generally four years and expires on a fixed date rather than the anniversary of appointment.
An applicant must not have a disqualifying felony conviction or a prior revocation of a notary commission without disclosure and review by the Secretary of State.
Nonresident applicants may qualify only where the applicant holds a place of employment or business in North Dakota and meets the statutory conditions for nonresident commissions.
A commission is not transferable and applies statewide; a notary may perform notarial acts in any North Dakota county regardless of the county of residence listed on the application.
Maintaining a Notary Commission
A notary must keep the official seal and journal in a secure location and remains responsible for them; the seal must be surrendered or destroyed when the commission ends.
The seal must contain the notary's name exactly as commissioned, the words "Notary Public," the state name "North Dakota," and the commission expiration date; a seal missing required elements is defective.
A notary must notify the Secretary of State of a legal name change and obtain a new seal; a change of address within the state must also be reported.
Renewal requires a new application, bond, and oath filed before the expiration date; a notary who lets a commission lapse must stop notarizing immediately and cannot backdate acts.
A notary must not perform notarial acts after the commission expiration date, and an expired notary's seal must not be used even if a new commission is pending.
Loss, theft, or misuse of the official seal or journal must be reported to the Secretary of State and to law enforcement as appropriate.
A notary may be removed or disciplined by the Secretary of State for official misconduct, and a court may also enjoin a notary from performing notarial acts.
Keeping a journal of notarial acts is required practice; entries record date, act type, document description, signer name, and identification method, and the journal is exempt from public disclosure but must be produced on lawful request.
Performing Notarial Acts
Core acts include acknowledgments, jurats, oaths and affirmations, verification on oath or affirmation, witness of signature, and copy certification; each has its own certificate wording.
In an acknowledgment the signer personally appears, is identified, and acknowledges executing the document voluntarily; the notary certifies the acknowledgment, not the truth of the document's contents.
In a jurat the signer personally appears, signs the document in the notary's presence, and swears or affirms the contents are true; the notary administers the oath and completes the jurat certificate.
Personal appearance is required for traditional paper notarization; the notary must identify the signer by personal knowledge or by satisfactory evidence such as a government-issued photo ID.
The notary must complete the certificate with the date of the act, the notary's signature, the official seal, and the county and state where the act was performed.
A notary must not notarize a document in which the notary is a party, has a beneficial interest, or is named as a grantee, beneficiary, or witness; self-notarization is prohibited.
The notary must determine that the signer appears competent and acts voluntarily; if the signer appears incapacitated or under duress, the notary must decline the act.
A notary may certify a copy of a document only where authorized; certified copies of public records or vital records must be obtained from the custodian, not from a notary.
Electronic and Remote Notarization
Remote online notarization requires the signer to appear by real-time audio-video communication; the notary must be able to see and speak with the signer throughout the act.
Identity proofing for remote acts uses knowledge-based authentication plus credential analysis of a government-issued photo ID, or another approved method.
An electronic notarial act requires the notary's electronic signature and electronic seal, and the certificate must indicate that the act was performed electronically.
The notary must record or retain an audio-video recording of the remote session as required by rule, and the recording is retained for the statutory retention period.
A notary may perform remote notarization for a signer located outside North Dakota only where the notary complies with North Dakota law and the act is not prohibited by the signer's location.
Tamper-evident technology must be applied to the electronic document so that any later change to the notarized content is detectable.
The notary must keep an electronic journal of remote acts with the same detail as a paper journal, including the identity-proofing result and session recording reference.
A notary performing electronic or remote acts must hold the required authorization and use only systems that meet state technical and security standards.
Apostille and Certification
An apostille certifies the authenticity of a North Dakota notary's signature and seal for use in countries that are parties to the Hague Apostille Convention.
The Secretary of State issues apostilles for documents notarized in North Dakota; the requesting party submits the original notarized document with the required fee and request form.
For countries not party to the Hague Convention, the Secretary of State issues a certification or authentication rather than an apostille, often followed by U.S. Department of State legalization.
An apostille covers only the notary's signature and seal, not the accuracy or legal effect of the underlying document.
The document must be properly notarized before submission; a defective or incomplete notarial certificate causes rejection and requires re-notarization.
Apostilles are commonly needed for foreign adoption, international business documents, transcripts, and powers of attorney used abroad.
The requesting party should confirm the destination country's requirements, since some countries require translation or additional consular legalization after the apostille.
Applying for a Notary Commission
Applicants apply to the North Dakota Secretary of State, which commissions notaries; the Secretary of State's office administers the application, oath, and bond filing process.
Statutory eligibility turns on being at least 18 years old, a legal resident of North Dakota (or otherwise authorized by law), and able to read and write English.
The application requires the applicant's legal name, residence and business addresses, county of residence, and contact information; the commission name must match the applicant's legal name.
A surety bond in the amount set by statute (commonly $7,500) must be obtained and filed with the Secretary of State before the commission issues; the bond runs to the state for the benefit of injured parties.
The applicant takes an oath of office and files it together with the bond; the commission term is generally four years and expires on a fixed date rather than the anniversary of appointment.
An applicant must not have a disqualifying felony conviction or a prior revocation of a notary commission without disclosure and review by the Secretary of State.
Nonresident applicants may qualify only where the applicant holds a place of employment or business in North Dakota and meets the statutory conditions for nonresident commissions.
A commission is not transferable and applies statewide; a notary may perform notarial acts in any North Dakota county regardless of the county of residence listed on the application.
Maintaining a Notary Commission
A notary must keep the official seal and journal in a secure location and remains responsible for them; the seal must be surrendered or destroyed when the commission ends.
The seal must contain the notary's name exactly as commissioned, the words "Notary Public," the state name "North Dakota," and the commission expiration date; a seal missing required elements is defective.
A notary must notify the Secretary of State of a legal name change and obtain a new seal; a change of address within the state must also be reported.
Renewal requires a new application, bond, and oath filed before the expiration date; a notary who lets a commission lapse must stop notarizing immediately and cannot backdate acts.
A notary must not perform notarial acts after the commission expiration date, and an expired notary's seal must not be used even if a new commission is pending.
Loss, theft, or misuse of the official seal or journal must be reported to the Secretary of State and to law enforcement as appropriate.
A notary may be removed or disciplined by the Secretary of State for official misconduct, and a court may also enjoin a notary from performing notarial acts.
Keeping a journal of notarial acts is required practice; entries record date, act type, document description, signer name, and identification method, and the journal is exempt from public disclosure but must be produced on lawful request.
Performing Notarial Acts
Core acts include acknowledgments, jurats, oaths and affirmations, verification on oath or affirmation, witness of signature, and copy certification; each has its own certificate wording.
In an acknowledgment the signer personally appears, is identified, and acknowledges executing the document voluntarily; the notary certifies the acknowledgment, not the truth of the document's contents.
In a jurat the signer personally appears, signs the document in the notary's presence, and swears or affirms the contents are true; the notary administers the oath and completes the jurat certificate.
Personal appearance is required for traditional paper notarization; the notary must identify the signer by personal knowledge or by satisfactory evidence such as a government-issued photo ID.
The notary must complete the certificate with the date of the act, the notary's signature, the official seal, and the county and state where the act was performed.
A notary must not notarize a document in which the notary is a party, has a beneficial interest, or is named as a grantee, beneficiary, or witness; self-notarization is prohibited.
The notary must determine that the signer appears competent and acts voluntarily; if the signer appears incapacitated or under duress, the notary must decline the act.
A notary may certify a copy of a document only where authorized; certified copies of public records or vital records must be obtained from the custodian, not from a notary.
Electronic and Remote Notarization
Remote online notarization requires the signer to appear by real-time audio-video communication; the notary must be able to see and speak with the signer throughout the act.
Identity proofing for remote acts uses knowledge-based authentication plus credential analysis of a government-issued photo ID, or another approved method.
An electronic notarial act requires the notary's electronic signature and electronic seal, and the certificate must indicate that the act was performed electronically.
The notary must record or retain an audio-video recording of the remote session as required by rule, and the recording is retained for the statutory retention period.
A notary may perform remote notarization for a signer located outside North Dakota only where the notary complies with North Dakota law and the act is not prohibited by the signer's location.
Tamper-evident technology must be applied to the electronic document so that any later change to the notarized content is detectable.
The notary must keep an electronic journal of remote acts with the same detail as a paper journal, including the identity-proofing result and session recording reference.
A notary performing electronic or remote acts must hold the required authorization and use only systems that meet state technical and security standards.
Apostille and Certification
An apostille certifies the authenticity of a North Dakota notary's signature and seal for use in countries that are parties to the Hague Apostille Convention.
The Secretary of State issues apostilles for documents notarized in North Dakota; the requesting party submits the original notarized document with the required fee and request form.
For countries not party to the Hague Convention, the Secretary of State issues a certification or authentication rather than an apostille, often followed by U.S. Department of State legalization.
An apostille covers only the notary's signature and seal, not the accuracy or legal effect of the underlying document.
The document must be properly notarized before submission; a defective or incomplete notarial certificate causes rejection and requires re-notarization.
Apostilles are commonly needed for foreign adoption, international business documents, transcripts, and powers of attorney used abroad.
The requesting party should confirm the destination country's requirements, since some countries require translation or additional consular legalization after the apostille.