Applying for a North Dakota Notary Commission
This domain tests how a person becomes a commissioned notary in North Dakota: who appoints notaries, what must be filed, when authority begins, and what the official stamp must contain. Exam questions often turn on timing and on the difference between applying for a commission and actually holding one.
Commissioning authority and eligibility
- The North Dakota Secretary of State commissions notaries public under North Dakota Century Code chapter 44-06.
- An applicant must be at least 18 years old, a legal resident of North Dakota, and free of disqualifying criminal convictions or findings of dishonesty.
- A commission is personal and is not transferable to another person or business.
What the application package includes
- A completed application to the Secretary of State, the required application fee, and a surety bond in the statutory amount (currently $7,500).
- The bond must be filed and accepted before the commission is effective; a notary may not act on the strength of an application alone.
- After the commission is issued, the notary obtains an official stamp. The stamp must show the notary’s name, the words “Notary Public,” “State of North Dakota,” and the commission expiration date.
- The commission term is four years. A notary may perform notarial acts only during the effective dates of the commission and while using a compliant stamp.
Worked example
An applicant mails the application and fee on June 1 and receives a commission certificate effective July 1. On June 20, a friend asks the applicant to notarize a bill of sale. The applicant has not yet filed the bond or obtained a stamp. The correct answer is that the applicant cannot notarize: the commission is not effective, the bond is not filed, and no official stamp exists. Signing and stamping anyway would be an unauthorized act and could invalidate the document.
Traps that cost marks
- Treating the application date, rather than the commission effective date, as the start of authority.
- Forgetting that the bond and stamp are separate prerequisites.
- Using a stamp that omits the expiration date or the state name.
- Assuming a business or employer can hold the commission for an employee.