North Dakota Notary Process

Are you interested in being a North Dakota notary public? Do you want to make extra money, start your own North Dakota business, add a notary title on your resume, help people in your local community, or generate additional income? North Dakota has appointed notaries to serve as impartial witnesses and to sign documents. It is easy to become a North Dakota Notary. As long as you meet all the eligibility requirements, you are eligible to apply. Since 1994, the American Association of Notaries assists individuals in becoming notaries.

This guide will help to understand:

  1. Who can become a North Dakota Notary?
  2. How to become a North Dakota notary
  3. Notary services in North Dakota

What are the requirements to become a North Dakota Notary?

To become a North Dakota notary public, a notary applicant must meet the following requirements:

  1. At least 18 years old
  2. You must be a citizen of the United States or a permanent legal resident.
  3. You must be a North Dakota resident, have a North Dakota place of employment, practice, or reside in a North Dakota bordering county.
  4. Learn English and be able to write.
  5. You are not disqualified from receiving a Commission under Section 44-06.1-21.

How do you become a North Dakota notary public?

In order to become a North Dakota notary and receive a North Dakota notary commission, a notary applicant must:

  1. You must meet the eligibility requirements outlined in the previous section.
  2. Secure a $7,500 surety bond
  3. Send the following to the Secretary of state: (1) A completed Notary Application (SFN 1101) that includes an oath and notarized affidavit; (2) A $7,500 surety Bond (SFN 19355); (3) A $36 application fee.
  4. When the Certificate of Authorization is issued by the Secretary of State, purchase a notary stamp.
  5. Send the verified form, which is included with the Certificate of Authorization, along with the impression of a notary stamp to the Secretary of State. The Secretary of State will issue an official notary public commission once the verification form has been approved.

Notice:A notary must place his or her notary public commission after receiving it (NDCC 44-06.1-20[5]).

Is it possible for a non-resident to become a North Dakota notary?

Yes. Yes. The Secretary of State is appointed to serve process on all matters relating notarial acts if the applicant lives in a North Dakota county. Montana is currently the only state that reciprocates.

What is the cost of becoming a North Dakota notary?

A notary public can be obtained in North Dakota by paying the following: (1) a $36 application fees to process an appointment or reappointment application; (2) a $7500 surety guarantee; (3) a notary stamp; and (4) a journal, if the notary wants to follow the Secretary of State’s recommendations; and (5) an E&O policy for personal protection.

How can I renew my North Dakota notary license?

Two months before their expiration dates, the Secretary of States sends renewal information to North Dakota notaries at their last known residence. Notaries must apply for reappointment by following the original notary application procedure. This means that they will need to submit a new application, a surety bond and $36 application fee.

Is there any exam or notary course required to become a North Dakota Notary Public or renew my North Dakota Notary Public Commission?

No. No.

Can I do an electronic notarization in North Dakota

Yes. Yes. Section 44-06.1-18 states that North Dakota’s notary public must inform the Secretary of State before he performs an initial notarial act in respect to an electronic record. He must also identify the technology that he intends using. The Secretary of State must approve the technology. The most important thing is Section 44-06.1-05. It states that “if a notarial action relates to a declaration made in or a signature executed upon a record”, the person making the statement or signing the signature must appear before the notary. A North Dakota notary can attest or certify that a tangible copy is accurate. (NDCC 44-06.1-18).

Can I do remote (online) notarizations of North Dakota?

Yes. Yes. A North Dakota notary public must inform the Secretary of State before she performs her first notarial act under Section 44-06-13.1. She must also identify the identity proofing and communication technology she plans to use. The Secretary of State must approve the communication technology and identity proofing that a notary uses to perform notarial acts for remote individuals.

A North Dakota notary public must also adhere to these requirements when performing a notarial acts for someone remotely located using approved communication technology.

  1. The notary must physically be located in North Dakota. However, a remote individual can be physically located anywhere in the world while being present to the notary via audio and visual communication technology.
  2. An approved identity proofing method must be used to establish the identity of the remote individual.
  3. A notary certificate must be completed.
  4. The language used by the notary in the notarial certificate must indicate that the notarial act was performed via communication technology for an individual located far away.
  5. Notary must note in a journal the fact that remote individuals were served the notarial act.
  6. The notary must keep an audiovisual record of the notarial act performed by communication technology for a remote individual.

What is the term of a North Dakota notary public commission?

A notary public commission in North Dakota is for four years, beginning with the date indicated in the commission (NDCC 44-06-20[5]). The commission of a North Dakota notary public can be canceled by: (1) resignation; (2) death; (3) suspension; (4) revocation; ((5) when a North Dakota notary is not a resident; (6) when the notary is not a citizen of the United States; or (7 when a nonresident notary has ceased to have a North Dakota place of employment or practice).

To become a North Dakota notary, do I need a North Dakota notary bond?

Yes. All applicants for a new appointment as notary public or renewal of notaries in North Dakota must provide an assurance. This can be in the form of a surety bond or its functional equivalent. The Secretary of State must approve the assurance issued by a surety, or another entity authorized or licensed to do business in North Dakota. Only a valid surety bond has been filed with the Secretary. A notary public can perform notarial acts only in North Dakota.

What North Dakota insurance do I need for notary errors and omissions?

State notary law in North Dakota does not require insurance for errors and omissions. Errors or omissions insurance can be purchased if you wish. For their protection against liability, the American Association of Notaries strongly suggests that North Dakota notaries obtain errors and omissions policies. The Errors & Omissions Insurance policy is designed to protect notaries from liability for notarial errors or omissions that may result in financial loss or any other type of loss to the public. A North Dakota notary public can choose to have an E&O policy that covers legal fees or damages.

Where can I do notarial acts for North Dakota?

Notaries in North Dakota have statewide jurisdiction. Reciprocity: North Dakota notaries can perform notarial acts in North Dakota by a notary of a neighboring state. If the bordering state grants North Dakota notaries similar authority within the state, then the act has the same effect (NDCC 44-06.1-94) Montana is the only state to have reciprocity. This means that a Montana notary public can perform notarial acts within Montana by following the North Dakota notary laws. Because Minnesota and South Dakota do not extend reciprocity to North Dakota notaries, North Dakota notaries cannot perform notarial acts there.

Who appoints North Dakota public notaries?

The Secretary of the State manages all renewal and new notary applications. He also issues notary public commissions. The following information can be used to contact the Secretary of the State:

Secretary of State

State of North Dakota

Accounting/Notary Unit

600 East Boulevard Avenue Department 108

Bismarck, ND 58505-0500

(701) 328-29901

What do I need to buy a North Dakota notary stamp?

Yes. North Dakota’s notary law requires that all North Dakota notaries use a rubber-inked stamp to authenticate notarial acts. (NDCC 44-06.1-14[2]). Section 44-06.1-16(1), North Dakota Century Code, provides legal specifications about the layout and information required for all notary stamps.

Dimensions: A circular design may have dimensions up to 1 5/8 inches (41.28 millimeters). A rectangular design may have a maximum height of 7/8 inches (22.23 millimeters), and a maximum length of 2 5/8 inches (66.6 millimeters). All notary stamps must have a border that leaves a clear impression and is reproducible in photographs.

Notary Stamp: Must contain the following elements

  • Name of the notary public exactly as it appears on the commission
  • The expiration date for commissions
  • The words “Notary Public”
  • The words “State Of North Dakota”

Notice:It is forbidden to emboss. The notary stamp cannot contain any other words, numbers or symbols. It may also not reproduce the great seal. The notary’s stamp must not be used by anyone else after resignation, revocation or expiration of their commission.

Is there a North Dakota notary journal requirement?

No. No. The North Dakota notary statute doesn’t require North Dakota notaries public to keep a log of all their notarial acts. If a notary public does not perform a notarial act on behalf of a remote individual, the journal must be kept. The journal can be either a tangible, permanent bound book with numbered pages or an electronic format permanent and tamper-evident (NDCC 44-06.1-16.1[1]).

The Secretary of State and American Association of Notaries do not require that a journal be kept for non-remote notarizations. However, they recommend that North Dakota notaries (1) keep a record of all notarial acts in order to help them recall past acts if necessary or if challenged by law and (2) keep a permanent, bound journal with numbered pages in order to preserve a chronology of all notarial acts performed to protect against liability.

What is the maximum North Dakota notary fee for performing notarial acts

North Dakota’s notary fees are established by statute (NDCC44-06.1-28). Below is a list of the maximum fees a North Dakota notary can charge for notarial services.

  • Acknowledgments – $5.00
  • Verifications under oath/affirmation – $5.00
  • Jurats – $5.00
  • Attesting or witnessing a signature – $5.00
  • Copy certification – $5.00

Notice:If the notary public is traveling to perform notarial acts, he or she may charge a separate travel fee. This applies if the notary public and the person who requested the act agree to pay the fee in advance.

What notarial acts is a North Dakota notary public allowed to perform?

The following notarial acts can be performed by a North Dakota notary public: NDCC 44-06.1-01[5]

  • Recognize others
  • Affirm and administer oaths
  • Verify the affirmation or oath by taking a verification
  • Attest or witness signatures
  • Notice protests against negotiable instrument
  • Attest or certify copies
  • Attest or certify that a tangible copy an electronic record is an exact copy

How can I change my address to North Dakota for my notary commission?

The Secretary of State requires that every notary public inform the Secretary of State within sixty days of any address change. A notary must complete the Notary Change in Address (SFN 5445) form to satisfy this statutory requirement. A notary public must file a Notary Amendment of Address form to the Secretary if he or she moves from North Dakota to another county bordering North Dakota. An address change is free of charge. 

What do I need to do to update my North Dakota notary commission?

A North Dakota notary public must notify the Secretary of state if he or she changes his/her name during the term. The Secretary of State must receive from the notary: (1) a completed Notary name change/Notary seal/Stamp change (SFN 52611) form; (2) a rider to the notary’s security bond that identifies both the new and the previous names; (3) the effective date; and (4) a $10 filing fees for the name changes. After receiving a new Certificate, the notary must obtain a stamp and return it with the impression of the new notary stamp. After approval of the new notary stamp, the Secretary of State will issue a brand new notary public commission.

Where To Work As a Notary in North Dakota

You can work in many settings as a public notary in North Dakota. Whether you decide to work for a law firm, real estate agency or a government job, there are many options available. You can also work for yourself as a mobile notary.

Where To Find Clients in North Dakota

We work with notaries all over North Dakota to help them find more business and make more money. If you would like to join our notary network, contact us today for more information. We work with notaries in all cities including:

  1. Fargo
  2. Bismarck
  3. Grand Forks
  4. Minot
  5. West Fargo
  6. Williston
  7. Dickinson
  8. Mandan
  9. Jamestown
  10. Watford City
  11. Wahpeton
  12. Devils Lake
  13. Valley City
  14. Minot AFB
  15. Grafton
  16. Lincoln
  17. Horace
  18. Beulah
  19. Stanley
  20. New Town