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.