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North Dakota Notary: Performing Notarial Acts in North Dakota

North Dakota Notary · Work through your exam, one topic at a time.

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Performing Notarial Acts in North Dakota

This domain tests the core of notary practice: personal appearance, identification, choosing the right certificate, administering oaths, and completing the notarial block. Exam questions frequently contrast an acknowledgment with a jurat and test whether the notary actually saw the required conduct.

Appearance and identification

  • The signer must appear personally before the notary for a traditional notarial act. For remote online notarization, appearance is by approved audio-video technology.
  • The notary must identify the signer by satisfactory evidence: a current government-issued photo ID, personal knowledge, or a credible witness who knows both the signer and the notary.
  • The notary must be able to communicate directly with the signer and must not notarize if identity or willingness is doubtful.

Choosing the certificate

  • An acknowledgment certifies that the signer appeared, was identified, and acknowledged signing the record voluntarily. The notary need not watch the signature being made.
  • A jurat certifies that the signer signed in the notary’s presence and took an oath or affirmation. The notary must actually administer the oath; merely writing “sworn” is not enough.
  • Signature witnessing requires the signer to sign in the notary’s presence. Copy certification is limited to records the notary is authorized to certify.
  • The notary completes the certificate with venue, date, notary name, title, expiration date, signature, and official stamp. The notary must not notarize a record in which the notary is a party or has a direct beneficial interest.

Worked example

A signer signed a power of attorney yesterday and appears today with a driver’s license. The document has an acknowledgment certificate. The notary may complete the acknowledgment: the signer personally appeared, was identified, and acknowledged the earlier signature. If the certificate were a jurat, the notary could not complete it because the signer did not sign in the notary’s presence and no oath was administered.

Traps that cost marks

  • Using a jurat without administering an oath.
  • Saying “signed in my presence” in an acknowledgment.
  • Omitting venue, expiration date, or the official stamp.
  • Notarizing for a spouse, business partner, or oneself where a conflict exists.