Maintaining a North Dakota Notary Commission
This domain tests what a commissioned notary must do after appointment: renew on time, keep records, report changes, protect the stamp and journal, and avoid grounds for discipline. Questions often ask what happens when a notary’s name, address, or employment changes, or when a commission lapses.
Renewal and expiration
- A North Dakota notary commission runs for four years. Renewal requires a timely application, the required fee, and a current surety bond.
- A notary whose commission has expired may not perform notarial acts, even for a document dated before expiration. An expired notary must stop using the stamp immediately.
- If renewal is missed, the former notary generally must apply again rather than continue under the old commission.
Changes, stamp, and journal
- A notary must notify the Secretary of State of a legal name change or address change and obtain a new stamp when the name changes. Continuing to use a stamp with an old name can make a certificate defective.
- The official stamp and journal must be kept secure. A lost or stolen stamp or journal should be reported promptly to the Secretary of State and, where appropriate, law enforcement.
- North Dakota’s Revised Uniform Law on Notarial Acts requires a journal of notarial acts. Retain the journal for 10 years after the last notarial act recorded in it; do not discard it when a commission ends.
- The surety bond protects the public, not the notary. A notary remains personally liable for misconduct or negligence even if a bond claim is paid.
Worked example
A notary marries, changes her legal name, and continues using a stamp bearing her former name. She notarizes a deed and signs the certificate with her new name. The certificate and stamp do not match, and she has not notified the Secretary of State. The act is vulnerable to challenge; the correct practice is to notify the state, obtain a new stamp, and use the new name consistently.
Traps that cost marks
- Notarizing after the expiration date printed on the stamp.
- Discarding the journal at the end of a commission.
- Failing to report a name or address change.
- Treating the bond as professional liability insurance.