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Notary Requirements for North Dakota: 2024 Updated

North Dakota’s notary system provides a streamlined process for residents and non-residents who work within the state. The state also permits remote online notarization (RON), making it convenient for notaries to perform digital notarizations. This guide will walk you through the steps to become a notary public in North Dakota, as well as the process for renewing your commission, ensuring you meet state regulations.


1. Requirements to Become a Notary in North Dakota

Becoming a notary public in North Dakota involves meeting specific eligibility criteria and completing a few steps. Here's how to get started:

Eligibility Criteria

Before you begin the application process, ensure you meet the following criteria:

  • You must be at least 18 years old.
  • You must be a resident of North Dakota, or if you live out of state, you must be employed in North Dakota.
  • You must be able to read and write English.
  • You cannot have any felony convictions unless your rights have been restored.

Step 1: Complete the Notary Application

In North Dakota, you must complete a notary public application available through the North Dakota Secretary of State’s website. Non-residents employed in North Dakota must provide proof of employment within the state.

Step 2: Obtain a $7,500 Surety Bond

North Dakota requires notaries to obtain a $7,500 surety bond. This bond protects the public from any errors or misconduct during your notarial duties and must be submitted with your application.

Step 3: Pay the Application Fees

The fee for becoming a notary in North Dakota is $36 for a four-year term. This fee must be submitted with your application and bond.

Step 4: Take the Oath of Office

Once your application is approved, you must take an Oath of Office before a local official or another authorized notary public.

Step 5: File Your Bond with the Secretary of State

After completing your oath, you must file your surety bond with the North Dakota Secretary of State’s office to complete your application.

Step 6: Purchase Your Notary Seal

Once your bond is filed, you must purchase a notary seal that meets North Dakota’s legal requirements. The seal must include your name, the words "Notary Public," "State of North Dakota," and your commission expiration date.

Step 7: Receive Your Commission Certificate

After completing all the necessary steps, you will receive your commission certificate from the North Dakota Secretary of State, confirming your official status as a notary public.


Frequently Asked Questions (FAQ) For New Notaries

1. How long does it take to become a notary in North Dakota?
The processing time typically ranges from 1-2 weeks after submitting your application, bond, and taking the oath of office.

2. Where do I submit my notary application in North Dakota?
Applications must be submitted online through the North Dakota Secretary of State’s website, and your bond must be filed with the Secretary of State.

3. What happens if my application is denied?
If your application is denied, the North Dakota Secretary of State will inform you of the reasons. You may correct any issues and reapply.

4. Do I need to maintain a notary journal in North Dakota?
North Dakota does not legally require notaries to maintain a journal, but it is highly recommended. Keeping a journal helps protect you from liability and serves as a record of your work.


2. Requirements for Notary License Renewal in North Dakota

In North Dakota, notary commissions are valid for four years, after which you must renew your license to continue performing notarial acts. Here’s what you need to know about renewing your commission:

Step 1: Submit Your Renewal Application

Renewal applications must be submitted online through the North Dakota Secretary of State. The renewal process is similar to the initial application, and you must continue to meet the eligibility requirements.

Step 2: Obtain a New $7,500 Surety Bond

Each renewal period requires securing a new $7,500 surety bond. The bond must be submitted with your renewal application.

Step 3: Pay the Renewal Fees

The renewal fee is $36 for another four-year term, which must be submitted with your bond and renewal application.

Step 4: Take a New Oath of Office

Upon approval of your renewal application, you must take a new Oath of Office before a local official or another authorized notary public. This step is required to finalize your renewal.

Step 5: File Your Bond with the Secretary of State

As with your initial commission, your new bond must be filed with the North Dakota Secretary of State’s office.

Step 6: Update or Replace Your Notary Seal

If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure that the updated seal reflects your renewed commission expiration date.


Frequently Asked Questions (FAQ) For Renewing Notaries

1. What happens if my notary commission expires before I renew?
If your commission expires, you must stop performing notarial acts immediately. You will need to reapply and complete the full application process again.

2. Can I perform remote notarizations in North Dakota?
Yes, North Dakota allows for remote online notarization (RON). You must register with the state and use state-approved technology platforms that comply with North Dakota’s remote notarization requirements.

3. What fees can I charge for notarial services in North Dakota?
North Dakota law allows notaries to charge reasonable fees for their services. Fees must be agreed upon with the client in advance.

4. What should I do if my notary seal or journal is lost or stolen?
If your notary seal or journal is lost or stolen, you must notify the North Dakota Secretary of State immediately. You will need to order a new seal and report any lost or stolen entries from your notary journal.