Title 44 — Offices and Officers
12 chapters · 211 sections in this title.
N.D.C.C. § 44-06.1-19 Short form
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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 ________________________________…
N.D.C.C. § 44-06.1-20 Notary public commission - Qualifications
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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…
N.D.C.C. § 44-06.1-22 Database of notaries public
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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…
N.D.C.C. § 44-06.1-23 Prohibited acts
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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…
N.D.C.C. § 44-06.1-24 Validity of notarial acts
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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…
N.D.C.C. § 44-06.1-25 Rules
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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…
N.D.C.C. § 44-06.1-26 Notary public commission in effect
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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…
N.D.C.C. § 44-06.1-27 Name change
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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…
N.D.C.C. § 44-06.1-28 Fees to be charged for notarial acts - Penalty
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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…
N.D.C.C. § 44-06.1-29 Savings clause
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The provisions of this chapter do not affect the validity or effect of a notarial act performed before August 1, 2011.
N.D.C.C. § 44-06.1-30 Relation to Electronic Signatures in Global and National Commerce Act
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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…