North Dakota Notary flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Commissioning authority

The North Dakota Secretary of State commissions notaries public, administers applications, receives the required bond and oath, and issues the official certificate of commission.

Minimum age

An applicant must be at least eighteen years old, a legal resident of North Dakota or otherwise authorized by statute, and able to read and write English.

Surety bond requirement

Before the commission issues, the applicant files a surety bond in the statutory amount, commonly $7,500, payable to the state for the benefit of anyone harmed by notarial misconduct.

Oath of office

The applicant signs and files an oath swearing to faithfully perform the duties of notary public; the oath accompanies the application and bond.

Commission term

A North Dakota notary commission generally runs four years and expires on the date printed in the commission certificate and on the official seal.

Nonresident applicant

A person who does not reside in North Dakota may qualify for a commission only if the person holds a place of employment or business in the state and meets statutory conditions.

Statewide authority

A North Dakota notary commission is not limited to the county of residence; the notary may perform notarial acts in any county in the state.

Seal contents

The official seal must show the notary's commissioned name, the words Notary Public, the state name North Dakota, and the commission expiration date.

Name change

A notary who legally changes name must notify the Secretary of State and obtain a replacement seal bearing the new commissioned name.

Renewal timing

Renewal requires a fresh application, bond, and oath filed before the expiration date; the notary must stop notarizing if the commission lapses.

Journal of notarial acts

The notary records each act's date, type, document description, signer name, and identification method in a journal that is confidential but produced on lawful request.

Seal security

The notary must keep the seal and journal secure, report loss or theft to the Secretary of State, and destroy or surrender the seal when the commission ends.

Discipline and removal

The Secretary of State may discipline or remove a notary for official misconduct, and a court may enjoin a notary from performing notarial acts.

Acknowledgment

The signer personally appears, is identified, and acknowledges voluntary execution; the notary certifies the acknowledgment, not the truth of the document's contents.

Jurat

The signer personally appears, signs in the notary's presence, and swears or affirms the contents are true; the notary administers the oath and completes the jurat certificate.

Satisfactory evidence

Identity is established by personal knowledge or by a government-issued photo identification containing a signature and physical description, verified by the notary.

Personal appearance

For traditional paper notarization, the signer must appear physically before the notary; the notary cannot notarize on the basis of a mailed or emailed document alone.

Prohibited self-notarization

A notary must not notarize a document in which the notary is a party, holds a beneficial interest, or is named as grantee, beneficiary, or witness.

Certificate elements

A complete notarial certificate states the act performed, the date, the county and state of performance, and bears the notary's signature and official seal.

Copy certification limits

A notary may certify a copy only where authorized; certified copies of public or vital records must come from the official custodian, not from a notary.

Competence and voluntariness

The notary must decline the act if the signer appears incapacitated, confused, or acting under duress, because the signer must act knowingly and voluntarily.

Remote online notarization

The signer appears by real-time audio-video communication, and the notary must see and speak with the signer throughout the electronic notarial act.

Identity proofing

Remote acts require knowledge-based authentication and credential analysis of a government-issued photo ID, or another method approved under state rules.

Electronic seal and signature

An electronic notarial act uses the notary's electronic signature and electronic seal, and the certificate must state that the act was performed electronically.

Session recording

The audio-video session of a remote notarial act is recorded and retained for the statutory period, with a reference noted in the notary's journal.

Tamper-evident technology

Electronic documents must carry tamper-evident protection so that any later alteration of the notarized content is detectable by a reviewer.

Electronic journal

Remote acts are logged in an electronic journal capturing the same details as a paper journal, including identity-proofing results and recording references.

Out-of-state signer

A North Dakota notary may notarize remotely for a signer located outside the state only when North Dakota law is followed and the signer's location does not prohibit the act.

Apostille purpose

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.

Issuing office

The North Dakota Secretary of State issues apostilles for documents notarized in the state upon submission of the original document, a request form, and the required fee.

Non-Convention authentication

For countries outside the Hague Convention, the Secretary of State issues a certification or authentication, often followed by U.S. Department of State legalization.

Apostille scope

An apostille verifies only the notary's signature and seal; it does not certify the accuracy, legality, or contents of the underlying document.