North Dakota Notary key terms

A person commissioned by the North Dakota Secretary of State with authority to administer oaths, take acknowledgments, and perform other notarial acts within the state.

The formal grant of authority from the Secretary of State that allows a person to act as a notary public, typically for a fixed term of years.

The form and supporting materials a person submits to the Secretary of State to request notary authority, including identifying information and any required endorsement or fee.

The period during which a notary's commission remains valid, after which the notary must be reappointed or stop performing notarial acts.

The process of applying for and receiving a new commission before or after the current term ends so the person may continue serving as a notary.

The loss of notarial authority that occurs when a commission expires, is resigned, or is revoked, after which the person may no longer perform notarial acts.

The Secretary of State's cancellation of a notary's commission, typically for misconduct or failure to meet legal requirements, ending the notary's authority.

Improper behavior by a notary, such as performing acts outside authority, failing to identify a signer, or making false certificates, which can lead to discipline or revocation.

A bond some notary applicants must obtain and file as a condition of commissioning, providing a fund from which harmed parties may recover for certain notarial failures.

Optional or required professional liability coverage that protects a notary against claims arising from mistakes made in performing notarial duties.

The stamp or embosser a notary uses to imprint the required identifying information on a notarial certificate, including the notary's name and commission details.

The notary's handwritten or authorized electronic signature applied to a notarial certificate as evidence that the notary personally performed the act.

Any official act a notary is authorized to perform, such as taking an acknowledgment, administering an oath or affirmation, or witnessing a signature.

A notarial act in which the signer personally appears before the notary and declares that they executed the document voluntarily for its stated purpose.

A notarial certificate stating that the signer personally appeared, swore or affirmed the truth of the document's contents, and signed in the notary's presence.

A spoken pledge to a higher power or to one's own conscience that the statement made is true, which a notary is authorized to administer.

The written statement, often called the notary block, that records the notarial act performed, the date, the signer, and the notary's signature and seal.

The requirement that the signer be physically present before the notary at the time of the act, unless an approved remote notarization method is used.

Reliable proof of a signer's identity, such as a current government-issued photo identification, that a notary must check before performing a notarial act.

A person who can vouch for a signer's identity when documentary identification is unavailable, allowing the notary to proceed under defined conditions.

A personal or financial stake in a document that prevents a notary from performing the notarial act because the notary cannot be impartial.

A record in which a notary logs details of notarial acts performed, such as date, signer name, document type, and identification presented, to create an audit trail.

The practice of keeping journals and related notarial records for the period required by law or prudent practice so they remain available if challenged.

The geographic area in which a notary holds authority to act, generally the state that issued the commission, though documents may be used elsewhere.

Performing a notarial act on an electronic document using an electronic signature and electronic seal in compliance with state technology and identity requirements.

A notarial act performed when the signer is not physically present with the notary but communicates by approved audio-video technology and meets identity verification rules.

A digital image or cryptographic mark attached to an electronic notarial certificate that carries the same identifying information as a physical notary stamp.

The real-time communication system used in remote notarization that lets the notary see and hear the signer and confirm identity and willingness throughout the act.

The process of verifying a remote signer's identity through knowledge-based questions, credential analysis, or other approved methods beyond simply viewing a document.

A standardized certificate attached to a public document that authenticates the signature and seal of an official so the document can be recognized in member countries of the Hague Convention.

A certification that verifies the signature and authority of a public official on a document, used for countries that are not parties to the Hague Apostille Convention.

The North Dakota official who commissions notaries, maintains their records, and issues apostilles and authentications for documents sent abroad.

An international treaty that simplifies the recognition of public documents among member countries by replacing lengthy consular legalization with a single apostille.