Title 44 — Offices and Officers

As provided in this chapter: 1. "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the r…

The provisions of this chapter apply to notarial acts performed on or after the effective date of this chapter.

1. A notarial officer may perform notarial acts authorized by this chapter or by other law of this state. 2. A notarial officer may certify a tangible copy of an electronic record is an accurate copy of the electronic record. The prohibition under subdivision b of subsection 7 of…

1. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the …

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

1. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. 2. A notarial …

1. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: a. The individual executing the record is competent or has the capacity to execute the record; or b. The individual's signature is knowingly and voluntarily made. 2. Except as prohibi…

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (insert name of other individual) at the direction …

1. A notarial act may be performed in this state by the following individuals: a. A notary public of this state; b. A judge, clerk, or deputy clerk of any court of this state; or c. Any other individual authorized to perform the specific act by the law of this state. 2. The signa…

1. A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by: a. A notary public of that state; b. A judge, clerk, or deputy clerk of a court of…

1. A notarial act performed under the authority and in the jurisdiction of a federally recognized American Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of that tribe is performed by: a. A notary pub…

1. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by: a. A judge, clerk, or deputy clerk of a court; b. An individual in military s…

1. In this section, "foreign state" means a government other than the United States, a state, or a federally recognized American Indian tribe. 2. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or …

1. As used in this section, unless the context otherwise requires: a. "Communication technology" means an electronic device or process that: (1) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (2) When…

1. A notarial act must be evidenced by a certificate. The certificate must: a. Be executed contemporaneously with the performance of the notarial act; b. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as o…

The official stamp of a notary public must: 1. Include the notary public's name, jurisdiction, commission expiration date, and other information required under section 44-06.1-16 or by the secretary of state; and 2. Be capable of being copied together with the record to which it …

1. The secretary of state, upon receipt of the proper fee, oath, and bond, shall issue a certificate of authorization with which the notary public may obtain an official notary stamping device. A notary stamp vendor may provide a notary with an official stamping device only upon …

1. A notary public shall maintain a journal in which the notary public chronicles all notarial acts the notary public performs with respect to a remotely located individual under section 44-06.1-13.1. The notary public shall retain the journal for ten years after the performance …

Whenever the office of any notary public becomes vacant, the stamping device must be destroyed as provided in section 44-06.1-16. If a notary public resigns the notary's commission, the notary shall notify the secretary of state within thirty days of the resignation, and shall in…

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by subsections 1 and 2 of section 44-06.1-14: 1. For an acknowledgment in an individual capacity: State of ________________________________…

1. An individual qualified under subsection 2 may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide on a form prescribed by the secretary of state, the information required by the secretary of state and submit the req…

When the secretary of state acquires or develops the technical capability to maintain an electronic database of notaries public, the secretary of state shall maintain an electronic database of notaries public: 1. Through which an individual may verify the authority of a notary pu…

1. A commission as a notary public does not authorize an individual to: a. Assist in drafting legal records, give legal advice, or otherwise practice law; b. Act as an immigration consultant or an expert on immigration matters; c. Represent an individual in a judicial or administ…

Except as otherwise provided in this chapter, the failure of a notarial officer to perform the duties or meet the requirements specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does no…

The secretary of state may adopt rules to implement the provisions of this chapter. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a spe…

A commission as a notary public in effect on August 1, 2011, continues until its date of expiration. A notary public who applies to renew a notary public commission after August 1, 2011, shall comply with the provisions of this chapter. A notary public, in performing notarial act…

A notary who has legally changed the notary's name shall submit to the secretary of state a rider to the notary's surety bond stating both the old and new names, the effective date of the new name, and a ten dollar fee within sixty days of the name change. After notification to t…

1. A notary public is entitled to charge and receive not more than five dollars per notarial act. A notary who charges a fee exceeding that amount is guilty of an infraction. It is an infraction for any person other than the notary public to impose or collect any monetary fee, ch…

The provisions of this chapter do not affect the validity or effect of a notarial act performed before August 1, 2011.

The provisions of this chapter modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but do not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any…