Notary Requirements for North Dakota: 2025 Updated

Notaries Public in North Dakota, commissioned by the Secretary of State (SOS), serve as impartial witnesses for document signings and other acts like acknowledgments, oaths, and copy certifications. This guide details becoming a North Dakota notary, maintaining a commission, and state requirements, including remote online notarization, as of May 2025.

• Eligibility Requirements
• Application Process for New Notary Commission
• Surety Bond
• Notary Seal (Stamp) Requirements
• Notary Journal Requirements
• Oath of Office and Filing
• Commission Term and Expiration Rules
• Commission Renewal Process
• Remote Online Notarization (RON)
• Official Resources
• Frequently Asked Questions (FAQ)

Eligibility Requirements

Applicants must meet these criteria:

• Age and Citizenship: Be at least 18 years old and a U.S. citizen or permanent legal resident.

• Language Proficiency: Able to read and write in English.

• Residency or Employment in ND: Be a North Dakota resident, have a place of employment/practice in ND, or reside in a bordering county of a state granting reciprocity to ND border-county notaries. (Border-county residents designate the ND SOS as their agent for service of process).

• Character: No disqualifying grounds such as serious crimes or integrity issues. The SOS may be denied for lack of honesty or relevant felony convictions.

Get a notary stamp that meets North Dakota’s official requirements, available in multiple formats and shipped within one business day.

Order North Dakota Notary Stamp

Application Process for New Notary Commission

Applications are handled via the SOS FirstStop online portal.

1. Submit Notary Public Application: Complete the application on FirstStop (firststop.sos.nd.gov). Use your exact signing name. Upload/provide:

   • Surety Bond: A $7,500 Notary Bond (form SFN 19355) for your 4-year term, from an ND-authorized surety.

   • Oath of Office: Signed and sworn before a current notary public.

   • Filing Fee: $36.

2. Application Review & Authorization for Seal: After SOS approval, you'll receive a Certificate of Authorization to Purchase a Notary Stamping Device, required by seal vendors.

3. Obtain Notary Seal (Stamp) and Submit Impression: Purchase your stamp meeting ND specifications. Complete a “Verification of Notary Stamping Device” form with an imprint of your new seal and send it to the SOS by the deadline.

4. Receive Commission Certificate: Once the stamp impression is approved, the SOS issues your official Notary Public Commission Certificate (showing ID and term). You may not notarize until the commission commencement date. The term is four years.

5. Display Certificate: ND law requires displaying your commission certificate conspicuously at your office/employment.

Surety Bond Requirements

A $7,500 surety bond is mandatory for the 4-year commission term.

• Purpose: Protects the public. If notary misconduct causes financial loss, the surety may pay damages up to $7,500 (notary then reimburses surety). It's not E&O insurance for the notary.

• Renewal: A new $7,500 bond is needed for each new or renewal application.

• Obtaining: Use official form SFN 19355, obtain through an insurance agency, and upload with application.

• Cancellation: If your bond is canceled, you cannot notarize until a new one is filed. Sureties must give 30 days' notice to SOS before cancellation.

• Optional E&O Insurance: Not required by ND, but recommended for the notary's personal liability protection.

Notary Seal (Stamp) Requirements

An official notary stamping device (seal) is mandatory. Obtain the SOS-issued Certificate of Authorization.

• Specifications:

  • Must leave a clear, legible, reproducible impression.

  • Include: “Notary Public,” “State of North Dakota,” your name (exactly as commissioned), and commission expiration date.

  • Surrounded by a border (plain rectangular or circular).

  • No other words, numbers, symbols, or images (e.g., no Great Seal of ND).

• Size: Round: up to 1⅝ inches diameter. Rectangular: up to 7/8 inch high x 2⅝ inches long.

• Verification: Send an impression to SOS after purchase.

• Loss/Replacement: Request a new Certificate of Authorization via FirstStop. Destroy old/unusable stamps. Upon resignation, revocation, or expiration, the seal must be destroyed.

Notary Journal Requirements

• Traditional Notarizations: Optional, but highly recommended as best practice. A properly kept journal (bound, pre-numbered) is presumed truthful and provides evidence. Record date/time, act type, document type, signer’s name/address, ID method, etc. Signer’s signature in a journal is good practice.

• Remote Notarizations (RIN/RON): Mandatory. Must keep a journal and retain it for 10 years, along with the audiovisual recording of each remote session.

Oath of Office and Filing

An official Oath of Office must be taken.

• Wording: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of North Dakota; and that I will faithfully discharge the duties of the office of notary public according to the best of my ability, so help me God (or under pains and penalties of perjury)."

• Procedure: Sign the oath form before an existing notary (who notarizes your signature). Submit the signed oath with your application.

• Filing: The SOS keeps your oath and bond on file. A new oath is needed for each renewal.

Commission Term and Expiration Rules

A ND notary commission is for four years, starting 12:00 a.m. on the commencement date and ending midnight on the expiration date.

• Tracking: Notarizing outside your term is illegal. SOS sends a reminder ~30 days before expiration.

• Renewal Timing: Renew as early as 60 days before expiration via FirstStop.

• Information Changes: Report address or name changes within set timeframes. Resign if eligibility (residency/employment) is lost.

• Resignation: Notify SOS within 30 days via FirstStop. Destroy official stamp.

Commission Renewal Process

Renewal is similar to a new application. No automatic renewal.

1. Submit Notary Renewal Application: Up to 60 days before expiration (or sooner) via FirstStop. Use the current commission name.

   • New Notary Bond: $7,500 (SFN 19355) for the new 4-year term.

   • New Oath of Office: Signed and notarized.

   • Fee: $36.

   • Maintain eligibility.

2. Await Approval & New Seal Authorization: SOS reviews, then issues a new Certificate of Authorization for a new stamp (required for new expiration date).

3. Submit New Stamp Impression: Send new stamp impression on verification form to SOS.

4. Receive New Commission Certificate: New term begins after the old one expires. Use a new stamp only for the new term. Destroy old stamps after the old term expires.

5. Lapsed Commission: If expired, reapply as new. No grace period for notarizing.

6. Update of Information:

   • Address Change: Notify SOS within 60 days via FirstStop (no fee).

   • Name Change: Notify SOS within 60 days via FirstStop. Submit bond rider showing new name. $10 filing fee. SOS issues new stamp authorization and revised commission. Continue with old name/seal (noting "formerly known as [Old Name]") until new stamp/commission is effective.

Remote Online Notarization (RON) Rules in North Dakota

ND allows electronic and remote notarizations (RON and RIN) under NDCC Chapter 44-06.1 (effective 2020).

• Authorization & Notification: File a Notary Public Amendment in FirstStop before performing remote/electronic acts, specifying your technology provider. You are responsible for choosing a compliant platform.

• Types of Remote Notarization:

  • RON: Electronic documents and signatures. The Singer appears via live audio-video. Certificate states "This notarial act was performed using communication technology."

  • RIN (Remote Ink Notarization): Hybrid for paper documents (acknowledgments only). Signer signs paper on camera, sends original to notary within 3 days. Notary completes certificate on paper, noting remote act. Effective date is date signer signed.

• Core Requirements for Remote Notarizations:

  • Personal Appearance via Audio-Video: Live, two-way session. Record and save for at least 10 years.

  • Document Verification: Notary must see document being signed and confirm its identity.

  • Identity Proofing: Personal knowledge; OR at least two forms of remote ID proofing (e.g., KBA + credential analysis); OR credible witness appearing via technology.

  • Notary Journal & Record Retention: Mandatory for all remote acts. Keep journal and A/V recordings for 10 years.

• Technology Platform: Handles processes like ID verification, recording, electronic seal application. ND does not require a special electronic commission; your regular commission covers remote acts once SOS notification is filed. Obtain a digital certificate/electronic seal file (often via RON provider) meeting ND content requirements.

• Signers Outside U.S.: Allowed if act not prohibited by foreign country and record relates to U.S. matter/jurisdiction.

Official Resources

• ND Secretary of State – Notary Public Information: SOS Notary & Apostille Division webpage (sos.nd.gov) – main resource for forms, FirstStop portal, statutes, Notary Public Info Sheet.

• FirstStop Online Portal: firststop.sos.nd.gov for all notary filings.

• North Dakota Century Code, Chapter 44-06.1: State law for notaries (ND Legislative website).

• Official Forms (Bond, Oath, etc.): Via SOS site or FirstStop.

• Contact Notary Division: Phone 701-328-2900 (toll-free 800-352-0867), email sosnotary@nd.gov.

Frequently Asked Questions (FAQ)

Q: Do I need to be a North Dakota resident to become a notary?

A: No. Non-residents can qualify if working in ND or living in a qualifying border county with reciprocity.

Q: Is there a training course or exam required to become a notary in North Dakota?

A: No state-mandated education or exam. Self-education via SOS materials is recommended.

Q: How much does it cost to become a notary, and what are the ongoing costs?

A: State fee $36. Bond premium ~$50-$100. Stamp ~$20-$40. Total initial cost ~$100-$175. Similar costs for 4-year renewal.

Q: How much can I charge for notarizations in North Dakota?

A: Max $5.00 per notarial act. Travel fees allowed if agreed upon in advance and understood as separate/not state-mandated.

Q: Do I need a stamp and journal? Where do I get them?

A:

• Stamp: Mandatory. Obtained with SOS authorization from a vendor.
• Journal: Optional for traditional acts but highly recommended. Mandatory for remote acts (10-year retention). Purchase from supply companies.

Q: Can I perform notarizations electronically or online in North Dakota?

A: Yes, both in-person electronic notarization (IPEN) and Remote Online Notarization (RON)/Remote Ink Notarization (RIN) are allowed. Notify SOS via FirstStop and specify technology provider before starting.

Q: What if my name or address changes during my commission?

A: Notify SOS within 60 days via FirstStop. Address change: no fee. Name change: $10 fee, requires bond rider, new stamp authorization issued. Note "formerly known as" until the new stamp/commission is effective.

Q: How do I resign my notary commission if I no longer want to be a notary?

A: Notify SOS in writing within 30 days (via FirstStop). Destroy notary stamps. Retain records as required.

Q: What are the main laws and rules I should be aware of as a North Dakota notary?

A: Primarily ND Century Code Chapter 44-06.1. Key rules: require personal appearance, proper ID, no self-notarization or notarizing for direct benefit/spouse, use correct certificate wording, don't pre/post-date, charge allowed fees only.

Always refer to official ND SOS resources for the most current information.