Electronic and Remote Notarization; Apostille and Certification
This domain tests two related areas: performing notarial acts on electronic records, including remote online notarization, and obtaining an apostille or authentication for a North Dakota document that will be used abroad. Questions often test registration, identity proofing, recording, and the difference between an apostille and a consular authentication.
Electronic and remote notarial acts
- North Dakota’s Revised Uniform Law on Notarial Acts, chapter 44-06.1, authorizes electronic notarial acts. A notary must register with the Secretary of State before performing electronic or remote notarial acts and must use approved technology.
- An electronic notarial act requires an electronic signature and electronic official stamp that are tamper-evident and uniquely linked to the notary.
- Remote online notarization requires identity proofing, direct audio-video communication, and creation of an audiovisual recording of the act. The notary must keep a journal entry and the recording as required by law.
- The signer need not be physically present, but the notary must confirm the signer’s identity and location and must determine that the signer is willing and able to sign.
Apostille and certification
- An apostille is issued under the Hague Apostille Convention for documents going to member countries. The North Dakota Secretary of State authenticates the signature and seal of a North Dakota notary or public official.
- For countries not in the Hague Convention, the Secretary of State may issue a certification or authentication, and further consular legalization may be required.
- The document submitted for an apostille generally must be the original notarized record with a complete notarial certificate and a legible stamp. A photocopy is not acceptable merely because it shows a copy of the stamp.
- The notary must have authority for the act and the certificate must match the notary’s current name and commission information.
Worked example
A client has a North Dakota power of attorney notarized for use in France, a Hague Convention country. The notary certificate is complete and the stamp is legible. The client sends the original to the Secretary of State with the required fee. The state issues an apostille confirming the notary’s signature. If the client sent only a photocopy, the apostille could not be issued.
Traps that cost marks
- Performing remote notarization without registering with the Secretary of State or using unapproved software.
- Failing to create or retain the audiovisual recording.
- Requesting an apostille for a photocopy or for a document not yet notarized.
- Using an apostille for a non-Hague country where authentication or legalization is required.