NOTARY ADMINISTRATION

Transcription

1 Last Update: August 28, 2017 NOTARY ADMINISTRATION Contact Information Office of Secretary of State Accounting/Notary Unit 600 E. Boulevard Ave. Department 108 Bismarck, ND Website: Notary Rules NDCC North Dakota Century Code NN Notary Notes Newsletter Most Notary rules are in the North Dakota Century Code: a. Title 44, Chapter 44-05, Administration of Oaths ; b. Title 44, Chapter , Revised Uniform Law on Notarial Acts *; c. Title 44, Chapter 44-08, Miscellaneous Provisions ; d. Title 47, Chapter 47-19, Record Title. * This is the Revised Uniform Law on Notarial Acts, adopted with modifications, effective August 1, Other guidelines for Notaries are in the Notary Notes newsletter published by the North Dakota Secretary of State and available on the website. NOTARY SEAL A North Dakota Notary who performs a notarial act involving a tangible record must affix an official seal to each notarial certificate at the time of notarization (NDCC [2] and [8]). For seal requirements for notarial acts involving electronic records, see Electronic Notarizations below. When used on a tangible record, the seal s format must be as follows: Kind Stamping Device: Effective August 1, 2011, a notary seal/stamp is now referred to as an official notary stamping device (NN, July 2011). In reference to tangible (paper) records, statute defines stamping device as a physical device capable of affixing to a tangible record an official stamp (NDCC

2 [12]) and defines official stamp as a physical image affixed to a tangible record (NDCC [8]). When the record to be stamped is tangible, an inking stamp meets all statutory requirements. Embosser Disallowed: Effective August 1, 2003, issuance of embossing Notary seals was disallowed in favor of photocopiable inking stamps. A six-year phase-in for Notaries with unexpired commissions permitted use of embossers that were smudged in order to be photocopiable. Effective August 1, 2009, all embossing seals were outlawed. You could be in violation of state law even if you use your notary stamps in addition to the embossed seal (website, FAQs ). Shape/Size Circular, up to or equal to 1-5/8 inches (41.28 millimeters) in diameter; or rectangular, up to or equal to 7/8 inch (22.23 millimeters) vertically by 2-5/8 inches (66.68 millimeters) horizontally (NDCC [1]). Components The following components must be surrounded by a border (NDCC [1]): 1. Name of Notary, exactly as on the commission; 2. Notary Public ; 3. State of North Dakota ; 4. Commission expiration date. Prohibited Elements: The stamp may not contain any other words, numbers, symbols, or a reproduction of the great seal of the state (NDCC [1]). Contemporaneous Affixation of Stamp A notarial act must be evidenced by a certificate. The certificate must (b)e executed contemporaneously with the performance of the notarial act (and) the notary public s official stamp must be affixed to the certificate (NDCC [1] and [2]). As a result of this statute, Notaries may not pre-stamp notarial certificates prior to performing a notarial act. Legibility of Stamp Statute stipulates that the stamping device must be designed to leave a clear impression (and) be photographically reproducible (NDCC [1]) and states that (t)he official stamp of a notary public must (b)e capable of being copied together with the record to which it is affixed or attached (NDCC [2]). A notary s seal/stamp should not obscure text nor overlap any written or typed text. The impression of the seal/stamp on the document must be clear and legible (NN, December 2006). Seal Imperfections All certificates of acknowledgment by notaries public on all documents filed for record with a recorder in the state, notwithstanding any defects or irregularities with the notary seal, are hereby validated, ratified, approved, and confirmed. Notwithstanding section , all seals of a court or officer of this state are binding, legal, and enforceable. The provisions of this section relating to validation of acknowledgments are applicable to all documents filed with any county recorder in the state after July 1, 1987 (NDCC ).

3 Purchasing Stamping Device 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 presentation by the notary of a certificate of authorization (NDCC ). See Name Change later in this chapter for procedures on issuance of a new stamp after a name change by the Notary. Security of Stamping Device A notary public is responsible for the security of the notary public s stamping device and may not allow another individual to use the device to perform a notarial act (NDCC [2]). Property of Notary An official stamping device is the property of the notary only and may not be retained or used by any other person, including an employer of a notary even if the employer purchased or paid for the notary s stamping device. An official stamping device must remain in the direct and exclusive control of the notary at all times during a notary s commission (NDCC [4]). If you leave your place of employment, make sure to take your notary commission and stamp with you (website, FAQs ). Destruction of Stamping Device On resignation from, or the revocation or expiration of, the notary public s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public s personal representative or guardian or any other individual knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable (NDCC [2]). Lost, Stolen or Damaged Stamping Device If a notary public s stamping device is lost or stolen, the notary public or the notary public s personal representative or guardian shall notify promptly the secretary of state on discovering that the device is lost or stolen (NDCC [3]). The state will then send the Notary a certificate of authorization to obtain a new Notary stamp from a manufacturer (website, FAQs ). The Secretary of State further instructs the Notary to (s)end the Secretary of State a letter explaining what happened and, if applicable, photocopies of a police report If the seal/stamp was lost or stolen, obtaining a different type of seal/stamp is suggested (website, FAQs ). Other Public Officers An officer taking and certifying an acknowledgment or proof of an instrument for record must authenticate the officer s certificate by affixing thereto: 1. The officer s signature followed by the name of the officer s office; and 2. The officer s seal of office, if... the officer is required to have an official seal. A judge or clerk of a court of record must authenticate that officer s certificate by affixing thereto the seal of the judge s or clerk s court. A mayor of a city must authenticate that officer s certificate by affixing thereto the seal of the mayor s city (NDCC ). Except as otherwise provided by law relating to notary stamps, upon every seal of a court or officer of this state required or authorized to have a seal, there must be engraved the words State of North

4 Dakota and the name of the court or office in which the seal is to be used. All such seals, except the great seal, must be surrounded by a border and have the same dimensions as those of the Notary stamps described above (NDCC ). When any court of record is unprovided with a seal, the judge thereof may authorize the use of any temporary seal, or of any device by way of seal, until a permanent seal is provided (NDCC ). Commission Expiration Date Even if a document has a space to handwrite a notary s commission expiration date, it is not legally required that the commission expiration date be written or typed on a document. The notary s commission expiration date appears on the notary s stamp, which is sufficient evidence of the notary s commission expiration date (website, FAQs ). Examples The above typical, actual-size examples of official Notary stamping devices are allowed by North Dakota law. Formats other than these may also be permitted. NOTARY POWERS North Dakota Notaries are authorized to perform the following notarial acts: Take acknowledgments 1 and proofs 2 (NDCC [5] and ); Administer oaths and affirmations 3 (NDCC [4] and [5]); Take verifications 4 (jurats) on oath or affirmation (NDCC [5]); Witness or attest signatures 5 (NDCC [5]); Certify or attest copies 6 (NDCC [5]); Note protests of negotiable instruments 7 (NDCC [5]). 1 Acknowledgments: 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 record with proper authority and signed it as the act of the individual or person identified in the record (NDCC [1]). The acknowledgment of an instrument must not be taken unless the officer taking it knows or has satisfactory evidence (or) the oath or affirmation of a credible witness that the person making the acknowledgment is the individual who is described in and who executed the instrument, or if executed by

5 a corporation or limited liability company, that the officer or manager making such acknowledgment is authorized to make it as provided in section (NDCC ). 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 signature on the record is the signature of the individual (NDCC [1]). An acknowledgment is the simple authentication of a signature which may or may not have been signed in front of a notary. It proves that the signer personally appeared before the notary, was identified, and that the individual declared that he or she signed the document for the purpose stated in the document. It acts as a safeguard against forgery and undue influence (NN, July 2011). To make an acknowledgment, the document signer must personally appear before the notary public, and declare that he or she has executed and signed the document. The notary should ensure that the signer understands the document and has not been coerced into signing. If there is any question about the signer s willingness to execute the document or his or her understanding of the terms of the document, a notary should refuse to notarize (website, Certificates of Notarial Acts ). In lieu of acknowledgment before a Notary or other authorized officer, a document transferring title to personal property may be signed by the transferor in the presence of two witnesses, who must also sign the document (NDCC ). 2 Proofs: Proof of the execution of an instrument when not acknowledged may be made: 1. By the party executing it; 2. By a subscribing witness; or 3. By other witnesses in cases mentioned in sections and (NDCC ). If proof of the execution of an instrument is made by a subscribing witness, such witness must be known personally to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by the oath of a credible witness (NDCC ). Officers authorized to take the proof of instruments are authorized in such proceedings: 1. To administer oaths or affirmations; 2. To employ and swear interpreters; and 3. To issue subpoenas, obedience to which may be enforced as provided by title 28 (NDCC ). Proof of the execution of a document may be established by handwriting in certain cases, such as when the principals and all subscribing witnesses are deceased, reside out of state or at an unknown location or refuse to cooperate (NDCC and ). The notarial certificate for a proof of execution by a subscribing witness must include the names and places of residence of all witnesses and the substance of the evidence given by witnesses (NDCC ). 3 Affirmations: A person conscientiously opposed to swearing may affirm and is subject to the penalties of perjury as in (the) case of swearing (NDCC ). 4 Verifications: Verification on oath or affirmation means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true (NDCC [13]). A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual

6 appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual (NDCC [2]). Some certifications are for the authentication of a signature made under oath or affirmation. An oath or affirmation is administered to a document signer when the signer is required to make a sworn statement about certain facts. The signer personally appears before the notary to swear (or affirm) to the notary, who is an officer duly appointed to administer oaths, that the information contained in the document is true. A person who makes a false oath or affirmation may be subject to criminal charges (website, Certificates of Notarial Acts ). A verification or jurat should begin with the administration of an oath or affirmation. The notary may want to ask the signer Do you swear (or affirm) that the information contained in this document is true? After receiving an affirmative answer and a signature on the document, the notary completes a proper notarial certificate indicating that an oath or affirmation was taken. A jurat is attached to an affidavit or other sworn statement which must be signed by the individual in front of the notary (NN, July 2011). 5 Signature Witnessings or Attestations: A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed (NDCC [3]). A notary may simply be asked to witness or attest the signature of the person signing the document. The person must personally appear before the notary and sign the document in the presence of the notary prior to completion of the certificate (website, Certificates of Notarial Acts ). 6 Copy Certifications: A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item (NDCC [4]). Copy certifications prove the notary compared the copy of a document with the original and the copy is a true, correct and complete copy of the original. Notaries are not authorized to certify a copy of a recordable document, such as birth and death certificates, recorded titles to property, college transcripts or anything bearing an official government seal (website, Certificates of Notarial Acts ). A notary public may not make or purport to make any certified copy of a vital record, a recordable instrument, or a public record containing an official seal (NDCC [7]). 7 Protests: A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section (NDCC [5]). A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties (NDCC [2]). Personal Appearance 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 (NDCC ).

7 Identifying Document Signers In taking an acknowledgment or a verification on oath or affirmation, or in witnessing or attesting a signature, a Notary shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer has the identity claimed (NDCC [1] through [3]). Personal Knowledge: 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 (NDCC [1]). Satisfactory Evidence: A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: a. By means of: (1) A passport, driver s license, or government-issued nondriver identification card that is currently valid or expired not more than three years before performance of the notarial act; or (2) Another form of government identification issued to an individual that is currently valid or expired not more than three years before performance of the notarial act, contains the individual s signature or a photograph of the individual, and is satisfactory to the officer; or b. By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver s license, or government-issued nondriver identification card that is currently valid or expired not more than three years before performance of the notarial act (NDCC [2]). Additional Credentials: A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual (NDCC [06[3]). Primary Duty: The primary responsibility of a notary is to verify a document signer s identity prior to notarizing the signature. A notary public may not notarize a signature unless the notary personally knows, or has satisfactory evidence, that the person whose signature is being notarized is the person described in the document and is the person who is executing the document. There are three ways to verify a signer s identity: 1. Personal knowledge This is the safest and best method to verify a person s identity. It does not require any witnesses or identification cards. The notary simply has personal knowledge from association with the person, which would establish the person s identity. 2. Credible witness A credible witness is a third person who has personal knowledge of the document signer s identity. The credible witness must verify on oath or affirmation the document signer s identity. The notary must be able to identify the credible witness by personal knowledge or on the basis of an identification card or papers. 3. Identification card or papers This method of verifying a person s identity involves examining the photograph, accurate physical description and signature. Requesting two forms of identification can further confirm a person s identity. Acceptable forms of identification include a passport, driver s license or government-issued identification card which contains the person s signature or a photograph of the person and is satisfactory to the notary. A notary may require additional information or identification of a person to assure identity prior to notarizing a document. If a notary is uncomfortable or suspicious of any identification, the notary should not notarize for that person (website, Notary Responsibilities ).

8 Signature by Mark (O)n a rare occasion a notary may need to notarize the signature of a person who signs by way of mark. The person may be illiterate or may have a physical disability that prohibits the person from signing in a customary manner. There are no additional procedures required by law when notarizing the signature. However, it may be beneficial to take extra precautions by using the guidelines below: 1. Question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is illiterate, read the entire document to him or her. If the person does not understand, do not notarize the document. 2. Obtain proper identification from the person signing the document. 3. Prior to the person signing the document, print the person s first name at the beginning of the signature line and the person s last name at the end of the signature line. Right below the signature line, write the words His Mark or Her Mark. Example: John X Doe His Mark 4. Ask the person to make his or her mark on the signature line. 5. It is also recommended that a person(s) with no interest in the transaction witness the signing and notarization of the document and that the name and the person(s) address be clearly printed below his or her signature. 6. The notary should insert something in the certificate similar to Signature affixed by (insert name of the person) by way of mark in the presence of these witnesses (website, FAQs ). Signature by Proxy 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 of (insert name of individual) or words of similar import (NDCC ). A person who is physically unable to sign the instrument may instruct another person (other than the notary) to sign the person s name on the instrument in his or her presence. The notary should then insert something in the certificate similar to Signature affixed by (insert name of other person) in the presence of and at the direction of (insert name of person). The notary should also follow the guidelines below: 1. Question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is blind, read the entire document to him or her. If the person does not understand, do not notarize the document. 2. Obtain identification from the person with the disability. However, it is not necessary to require identification from the designated signer. 3. It is also recommended that a person(s) with no interest in the transaction witness the signing and notarization of the document and that the name and the person s address be clearly printed below his or her signature (website, FAQs ). Advertising Notarial Services Nonattorney Notaries who advertise or represent in any fashion that they offer notarial services whether orally or in writing, including broadcast media, print media and the internet must include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation: I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.

9 The statement must appear prominently and in each language used in the advertisement or representation. If the form of advertisement or representation is not broadcast media, print media or the internet, and if it does not permit the inclusion of the statement because of size, then the statement must be prominently displayed at the Notary s place of business or otherwise provided to anyone requesting a notarial act before the act is performed (NDCC [4]). Notary Musts According to North Dakota statute and the Secretary of State, Notaries must abide by these rules, in addition to other express requirements: 1. Require the signer to personally appear before you (NN, July 2011). 2. Make sure the signer understands the document (website, Certifications ). 3. Make sure the signer has not been coerced into signing (website, Certifications ). 4. Never just sign and stamp a document (NN, July 2008). 5. Always scan the document for blanks (NN, July 2010). 6. Have a current commission posted before notarizing (NN, July 2010). Refusing to Notarize 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. (NDCC [1]). Except as prohibited by law other than the provisions of this chapter, a notarial officer may refuse to perform a notarial act (NDCC [2]). The notary should ensure that the signer understands the document and has not been coerced into signing. If there is any question about the signer s willingness to execute the document or his or her understanding of the terms of the document, a notary should refuse to notarize (website, Certificates of Notarial Acts ). A notary may refuse to perform a notarial act if the notary believes that the person is not competent or lacks the capacity to execute the instrument or if the notary does not believe that the person is executing the instrument knowingly or voluntarily. A notary may also refuse to perform the notarial act for any other reason unless prohibited by law. (website, FAQs ). One method to determine the competency or capacity of an individual is to ask common questions, such as the person s name or address, the date, where he or she is at the time, etc. If a person is unable to answer these questions, the individual may be lacking competency or capacity. It is ultimately up to the notary public to make the decision whether to notarize a person s signature (NN, August 2013). Displaying Commission The Notary s commission must be posted in a conspicuous place in the Notary s office or place of employment (NDCC 44-06,1-20[5]). Health Care Directives 1. To be legally sufficient in this state, a health care directive must: a. Be in writing; b. Be dated; c. State the principal s name; d. Be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal;

10 e. Contain verification of the principal s signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and f. Include a health care instruction or a power of attorney for health care, or both. 2. A health care directive must be signed by the principal and that signature must be verified by a notary public or at least two or more subscribing witnesses who are at least eighteen years of age. A person notarizing the document may be an employee of a health care or long-term care provider providing direct care to the principal. At least one witness to the execution of the document must not be a health care or long-term care provider providing direct care to the principal or an employee of a health care or long-term care provider providing direct care to the principal on the date of execution. The notary public or any witness may not be, at the time of execution, the agent, the principal s spouse or heir, a person related to the principal by blood, marriage, or adoption, a person entitled to any part of the estate of the principal upon the death of the principal under a will or deed in existence or by operation of law, any other person who has, at the time of execution, any claims against the estate of the principal, a person directly financially responsible for the principal s medical care, or the attending physician of the principal. If the principal is physically unable to sign, the directive may be signed by the principal s name being written by some other person in the principal s presence and at the principal s express direction (NDCC ). The certificate to be used by the Notary in such declarations is as follows (NDCC ): STATE OF NORTH DAKOTA ) County of ) In my presence on (date), (name of declarant) acknowledged the declarant s signature on this document or acknowledged that the declarant directed the person signing this document to sign on the declarant s behalf. (STAMP) Signature of Notarial Officer Title of Officer (My commission expires: ) Last Wills An amendment to North Dakota s probate statutes that took effect August 1, 2009 House Bill 1072 permits a last will to be acknowledged before a Notary or other officer authorized to take acknowledgments as an alternative to witnessing of the will by two persons (NDCC ). NOTARY DON TS A North Dakota Notary may (NDCC ): 1. NOT assist in drafting legal records, give legal advice, practice law in any other way, advertise or represent that he or she is qualified to do so or receive compensation for doing so, unless the Notary is an attorney licensed to practice law in North Dakota; 2. NOT act as an immigration consultant or expert on immigration matters, represent someone in a judicial or administrative proceeding relating to immigration, advertise or represent that he or she is qualified to do so or receive compensation for doing so;

11 3. NOT engage in false or deceptive advertising; 4. NOT use the term Notario or Notario Publico, unless the Notary is an attorney licensed to practice law in North Dakota; 5. NOT withhold access to or possession of any original record provided by an individual who seeks performance of a notarial act by that Notary, except as otherwise allowed by law; 6. NOT make or purport to make a certified copy of a vital record, a recordable instrument or a public record containing an official seal; 7. NOT notarize if the date of the verification on oath or affirmation or acknowledgment is not the actual date the document is to be notarized or the verification on oath or affirmation or acknowledgment is undated; 8. NOT notarize a signature on a blank or incomplete document; 9. NOT notarize a signature if the document was not first signed or re-signed in the presence of the Notary, in the case of a verification on oath or affirmation, or in the case of an acknowledgment, was not acknowledged in the presence of the Notary; 10. NOT notarize if the signature on the document or notarial certificate is not an original signature; 11. NOT use a name or initial in notarizing the document other than as it appears on the Notary s commission, except as otherwise provided by law; 12. NOT notarize if the Notary is falsely or fraudulently signing or notarizing a document, verification on oath or affirmation, or acknowledgment or in any other way is impersonating or assuming the identity of another Notary; 13. NOT notarize a non-english document unless an English translation is permanently affixed to the document. Disqualifying Interest A North Dakota Notary may not notarize a signature on a document if: 1. The name of the Notary or of the Notary s spouse appears on the document as a party to the transaction; 2. The Notary is a member of a partnership that is a party to the transaction; 3. The Notary or the Notary s spouse has a direct beneficial interest in the document; 4. The signature on the document is that of the Notary or of the Notary s spouse; 5. The Notary or the Notary s spouse is a signatory on an election petition under NDCC A notarial act performed in violation of any of the above is invalid or voidable (NDCC [6][b] and [c] and ). A notary public is considered a public ministerial officer who is an impartial agent of the state commissioned to witness notarial writings and signatures. Prior to notarizing a document, a notary should ask himself or herself three questions: 1. Am I a party to the transaction? 2. Am I named in the document? 3. Do I have any financial or beneficial interest in this transaction? If the answer to ALL of these questions is no, the notary is an impartial witness. If the notary answers yes to any one of these questions, the notary should not notarize the document (website, Fundamentals of Notaries Public ). North Dakota law specifically states that a notary public cannot notarize a petition if the notary or the notary s spouse signed the petition. This includes petitions that are being circulated to place a measure on the election ballot. When notarizing the signature of the petition circulator, the notary should make sure that the notary did not sign that specific copy of the petition in an individual capacity. If the notary wants to sign the petition, he or she should sign a copy of the petition that will be notarized by another notary public (NN, October 2016).

12 Other Family Members: Although not prohibited by law, it is recommended that a notary not notarize a document for a close family member, such as a parent, sibling or other close relative. Notarizing documents for these individuals can sometimes cause the notary to appear biased and is often an ethical issue (website, FAQs ). Corporate Status: No person otherwise qualified or authorized by law to take and receive the proof or acknowledgment of an instrument or affidavit and to certify thereto shall be disqualified by reason of being an officer, director, employee, or stockholder of any corporation or a manager, governor, employee, or member of any limited liability company which is a party to such instrument... (NDCC ). Signing and Stamping A notary should not just sign and affix his or her notary stamp to a document. It does not mean anything To have a complete legally recognized notarial act, (certificate wording) is required along with a venue. Without them, it does not establish when and where the notarization occurred and whether the notary had the authority to act in the place in which it occurred (NN, July 2008). If a venue and certificate wording is not on the document being notarized, the notary is responsible for either writing or typing the information on the document. To just sign and stamp a document and consider it notarized could result in disciplinary action (NN, July 2007). Incomplete Documents North Dakota Notaries are now statutorily forbidden to notarize documents which have no text or have blank spaces in their text: A notary public may not notarize a signature on a document if (t)he signature is on a blank or incomplete document (NDCC [6][h]). Always scan your document to be sure there are no blanks (NN, July 2010). Pre- or Post-Dated Document Am I allowed to predate or postdate a document I am notarizing if the individual signed or acknowledged the document on a different day? No. A notary cannot notarize a document in which the date on the certificate is not the actual date the document is being notarized. Also, a notary cannot notarize a document without completing the date on the certificate (website, FAQs). I-9 Forms The Department of Homeland Security Employment Eligibility Verification I-9 form does not require notarization. Therefore, if a notary is presented with this form, the notary should not notarize the form. If it is requested that the notary be the authorized representative for the employer, the notary may complete the form, but this would not be in a notary public capacity and the notary should not include his or her notary stamp on the form. The authorized representative only certifies that he or she reviewed the identification provided by the employee and states when the employee began employment. This is not a notarial act (NN, August 2013). NOTARY SIGNING AGENTS Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of North Dakota.

13 NOTARY FEES 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, charge, or commission in connection with the notarization of any document (NDCC ). Any officer authorized by law to take and certify acknowledgment of a deed or other instrument is entitled to charge and receive not more than five dollars (NDCC ). Travel Fee A notary may charge a travel fee when traveling to perform a notarial act if: 1. The notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and 2. The notary explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee and neither specified nor mandated by law (NDCC ). NOTARY CERTIFICATES North Dakota has adopted the Revised Uniform Law on Notarial Acts, including the short-form certificates (NDCC ) for: 1. Acknowledgment by individual; 2. Acknowledgment in a representative capacity; 3. Verification on oath or affirmation; 4. Witnessing or attesting a signature; 5. Certifying a copy of a record. These certificates are reprinted below: Acknowledgment by Individual Short Form (NDCC [1]) State of North Dakota (County) of This record was acknowledged before me on (date) by (name[s] of individual[s]). Signature of notarial officer ( ) Title of office (Stamp) Acknowledgment by Representative Short Form (NDCC [2]) State of North Dakota (County) of

14 This record was acknowledged before me on (date) by (name[s] of individual[s]), (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed. Signature of notarial officer ( ) Title of office (Stamp) Verification on Oath or Affirmation Short Form (NDCC [3]) State of North Dakota (County) of Signed and sworn to (or affirmed) before me on (date) by (name[s] of individual[s] making statement). Signature of notarial officer ( ) Title of office (Stamp) Signature Witnessing or Attestation Short Form (NDCC [4]) State of North Dakota (County) of Signed (or attested) before me on (date) by (name[s] of individual[s]). Signature of notarial officer ( ) Title of office (Stamp) Certification of Copy of Record Short Form (NDCC [5]) State of North Dakota (County) of I certify that this is a true and correct copy of a record in the possession of (name of custodian of record). Dated. Signature of notarial officer ( ) Title of office (Stamp)

15 North Dakota law additionally prescribes the following certificates: Acknowledgment by Individual (NDCC ) STATE OF NORTH DAKOTA ) County of ) On this day of, in the year 20 before me personally appeared, known to me (or proved to me on oath of ) to be the person(s) who is/are described in and who executed the within instrument, and acknowledged to me that he/she/they executed the same. (STAMP) Signature of Notarial Officer Title of Officer (My commission expires: ) Acknowledgment by Corporation (NDCC ) STATE OF NORTH DAKOTA ) County of ) On this day of, in the year 20 before me (here insert the name and quality of the notarial officer), personally appeared, known to me (or proved to me on oath of ) to be the president (or other officer or person) of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same. (STAMP) Signature of Notarial Officer Title of Officer (My commission expires: ) Acknowledgment by Limited Liability Company (NDCC ) STATE OF NORTH DAKOTA ) County of ) On this day of, in the year 20 before me (here insert the name and quality of the notarial officer), personally appeared, known to me (or proved to me on oath of ) to be the president (or other manager or person) of the limited liability company that is described in and that executed the within instrument, and acknowledged to me that such limited liability company executed the same. Signature of Notarial Officer (STAMP)

16 Title of Officer (My commission expires: ) Acknowledgment by Attorney in Fact (NDCC ) STATE OF NORTH DAKOTA ) County of ) On this day of, in the year 20 before me (here insert the name and quality of the notarial officer), personally appeared, known to me (or proved to me on the oath of ) to be the person who is described in and whose name is subscribed to the within instrument as the attorney in fact of, and acknowledged to me that he/she subscribed the name of thereto as principal and his/her own name as attorney in fact. (STAMP) Signature of Notarial Officer Title of Officer (My commission expires: ) Acknowledgment by Deputy Sheriff (NDCC ) STATE OF NORTH DAKOTA ) County of ) On this day of, in the year 20 before me, a in and for said county, personally appeared, known to me to be the person who is described in and whose name is subscribed to the within instrument as deputy sheriff of said county, and acknowledged to me that he/she subscribed the name of thereto as sheriff of said county and his/her own name as deputy sheriff. (STAMP) Signature of Notarial Officer Title of Officer (My commission expires: ) Copy Certification (website, Certificates of Notarial Acts ) STATE OF NORTH DAKOTA ) County of ) I certify that this is a true and correct copy of a record in the possession of (name of person providing original). Dated:

17 (STAMP) Signature of Notarial Officer Title of Officer (My commission expires: ) Certificate Format 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 on file with the secretary of state; c. Identify the jurisdiction in which the notarial act is performed; d. Contain the title of office of the notarial officer; and e. Indicate the date of expiration, if any, of the notarial officer s commission, if the officer is a notary public. 2. If a notarial act is performed by a notary public regarding a tangible record, the notary public s official stamp must be affixed to the certificate 3. A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and: a. Is in a short form set forth in section ; b. Is in a form otherwise permitted by the law of this state; c. Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or d. Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections , , and or other law (NDCC ). For certificate format for notarial acts involving electronic records, see Electronic Notarizations below. Additional Requirements A notarial officer may not affix the officer s signature to a certificate until the notarial act has been performed If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record (NDCC ). The reference to a securely attached certificate means that so-called loose certificates are permitted in North Dakota. (T)he date of the notary commission s expiration date is on the official stamping device and does not have to be written separately on the (certificate) even if there is a space for it (NN, July 2011). For certificate requirements for notarial acts involving electronic records, see Electronic Notarizations below. Pre-Printed or Attached Certificate A notary is accountable for every word in the notarial certificate. A notary shall not notarize any document which does not have a complete notarial certificate on the document or on an attachment to the document... Notary certificates do not need to be typed or printed in order to be valid. They may be handwritten in ink. The notary certificates do not need to be on the same page as the signature being notarized. If necessary, the notary may prepare the certificate on a separate page and attach it to the document containing the notarized signature. If the certificate is on a separate page, it may be beneficial to add additional wording for extra security, such as: This notary certificate is prepared on a separate page and

18 is attached to the document entitled, containing pages and is attached to that document by means of (staple, glue, tape). (website, Certificates of Notarial Acts ). Selecting Certificate Even if the requester does not know what type of certificate of a notarial act is required, the notary should never, on behalf of the signer, select the notarial wording to be used (T)he notary may present the different types of statutory short forms available in NDCC and let the signer choose from among them. Or, the requester could be directed to contact the issuing or receiving agency or his or her attorney for further instructions (NN, July 2011). If the notary public were to mistakenly choose the wrong type of certificate, the document may result in legal consequences for the signer, including financial losses. If the person is not sure which type of notarization is needed on a document, the notary public may explain the different types so that the signer may choose which notarial act he or she would like the notary public to perform. In the alternative, the signer may contact the issuing or receiving agency to help determine which act is required (NN, September 2015). Correcting Certificates Do not permit anyone else to make corrections to a notarial certificate. Some companies and agencies, anticipating mistakes on a document, ask notaries to sign a statement giving them permission to correct errors made by the notary in completing the notarial certificate. While this may appear to be convenient, it is also dangerous and generally illegal (NN, July 2007). If any line in the notarization block (the notarial certificate) is pre-filled, be sure to cross out any incorrect information, fill in the correct information and initial (NN, July 2010). When the acknowledgment or proof of execution of an instrument is made properly but is defectively certified, any party interested may institute an action in the district court to obtain a judgment correcting the certificate (NDCC ). Imperfect Acknowledgments The execution, acknowledgment, filing, and recording of all deeds, leases, mortgages, assignments, satisfactions, and other written instruments affecting the title to real property in this state, in good faith made, taken, or certified, and which have been filed or recorded in the proper counties of this state for a period of five years or more, are declared to be legal and valid for all purposes, anything in the laws of this state, or of any other state, territory, or country at the time of execution, acknowledgment, filing, or recording to the contrary notwithstanding (NDCC ). ELECTRONIC NOTARIZATIONS Uniform Electronic Transactions Act North Dakota has adopted the Uniform Electronic Transactions Act (NDCC Title 9, Chapter 16, Electronic Transactions ), including its standard provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record (NDCC ).

19 Revised Uniform Law on Notarial Acts With enactment of the Revised Uniform Law on Notarial Acts (RULONA), the state of North Dakota has adopted certain rules, definitions and procedures for electronic notarization in NDCC Chapter Notification: Before a notary public performs the notary public s initial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section , the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology (NDCC [2]). Tamper-Evident Technology: 1. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. An individual may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected (NDCC [1]). Electronic Signature: Statute defines electronic signature as an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record (NDCC [3]). A notarial officer may not logically associate (the officer s signature) with a certificate until the notarial act has been performed (NDCC [5]). Official Electronic Stamp: In reference to electronic records, statute defines stamping device as an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp and defines official stamp as an electronic image attached to or logically associated with an electronic record (NDCC ). If an official electronic stamp is used, it must contain the same information as a physical stamp and (b)e capable of being copied together with the record with which it is logically associated (NDCC ). Electronic Certificate: If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section for attaching, affixing, or logically associating the certificate, the process must conform to those standards (NDCC [6]). In addition, an electronic certificate for a notarial act is sufficient only if it meets the other requirements cited in NDCC see Certificate Format, above. NOTARY RECORDS Journal Recommended Although not required by law, a notary journal can protect the notary and document signer from any accusations of wrongdoing and it also assists in the prevention of any wrongdoing by the notary. Every journal entry is legally presumed to be truthful and it constitutes the notary s personal knowledge of the notarization performed.