44-06 Notaries Public
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<![CDATA[CHAPTER 44-06NOTARIES PUBLIC44-06-01. Appointment and qualification of notaries public. The secretary of stateshall appoint notaries public. A notary holds office for six years unless sooner removed by the<br>secretary of state. Each notary may administer oaths and perform all other duties required by<br>law. Notwithstanding any other provision of law, a notary public may perform any notarial act as<br>defined in section 47-19-14.1 outside the state as provided in section 47-19-55. A notary public<br>must have the qualifications of an elector as to age and residence or must reside in a county that<br>borders this state and which is in a state that extends reciprocity to a notary public who resides in<br>a border county of this state. If the person resides in a county bordering this state, that person<br>must designate the secretary of state as the agent for service of process, for all purposes relating<br>to notarial acts, including the receipt of correspondence relating to notarial acts.44-06-02. Commission - Record - Fee - Notice. The secretary of state shall issue acommission to each notary public appointed by the secretary of state in the notary's legal name.<br>Before issuing a commission, the secretary of state may require proof acceptable to the<br>secretary of state of the notary's legal name.The notary shall post the commission in aconspicuous place in the notary's office. The secretary of state shall collect thirty-six dollars for<br>the issuance of the commission. The secretary of state shall remit all fees collected under this<br>section to the state treasurer for deposit in the general fund. The secretary of state shall keep a<br>record of appointments and the date of the expiration of the appointments. The secretary of state<br>shall notify each notary public by mail at least thirty days before the expiration of the notary<br>public's term of the date upon which the notary public's commission will expire. The notice must<br>be addressed to the notary public at the last-known place of residence. Each notary public<br>issued a commission shall notify the secretary of state by mail within sixty days of any change of<br>address. If a notary fails to notify the secretary of state within sixty days of a change of address,<br>the secretary of state may impose a late fee in the amount of ten dollars. The notary shall pay<br>any late fee imposed by the secretary of state before the renewal of the notary's commission.44-06-03. Oath and bond of notary public - Approval of bond. Each notary public,before entering upon the duties of the office, shall take the oath prescribed for civil officers and<br>give to the state a bond in the penal sum of seven thousand five hundred dollars conditioned for<br>the faithful discharge of the duties of the office. Such bond may be furnished by a surety or<br>bonding company authorized to do business in this state or by one or more sureties, and is<br>subject to approval by the secretary of state.44-06-03.1. Notice by surety to secretary of state of claim against bond. If a suretyor bonding company giving a bond under section 44-06-03 receives a claim against that bond<br>with respect to a notary public, that surety or bonding company shall notify the secretary of state<br>of the outcome of said claim.44-06-04. Filing of oath, bond, and impression of notarial seal - Requirements ofseal. Each notary public, before entering upon the duties of office, shall file the notary public's<br>oath and bond, in the office of the secretary of state. The secretary of state, upon receipt of the<br>proper fee, oath, and bond, shall issue a certificate of authorization with which the notary public<br>may obtain an official notary seal. A notary seal vendor may provide a notary with an official seal<br>only upon presentation by the notary of a certificate of authorization. The notary public shall<br>place an impression of the notary's seal on the certificate of authorization and return the<br>certificate of authorization to the secretary of state.After the certificate of authorization isreceived, approved, and filed, the secretary of state shall issue a notary commission that<br>authorizes the notary to commence the duties of the office of notary public.After August 1, 2003, a notary being commissioned must obtain a seal approved by thesecretary of state which must be designed to leave a clear impression, be photographically<br>reproducible, include the words "State of North Dakota" and "Notary Public", contain the name<br>and commission expiration date of the notary public exactly as shown on the notary's<br>commission, and which may not contain any other words, numbers, symbols, or a reproductionPage No. 1of the great seal of the state. All notary seals must be surrounded by a border and be either one<br>and five-eighths inch [41.28 millimeters] in diameter or if of a rectangular design, may be up to or<br>equal to seven-eighths inch [22.23 millimeters] vertically by two and five-eighths inches [66.68<br>millimeters] horizontally.An official seal is the property of the notary only and may not beretained or used by any other person including an employer of a notary even if the employer<br>purchased or paid for the notary's seal. An official seal must remain in the direct and exclusive<br>control of the notary at all times during a notary's commission. A notary must affix the notary's<br>seal to each jurat or certificate of acknowledgment at the time of performing the notarial act.<br>Upon the resignation, removal, revocation, or expiration of a notary's commission, or the death or<br>name change of a notary, the notarial seal must be destroyed. When a notary's official seal is<br>lost, damaged, or is rendered otherwise unworkable, the notary shall immediately submit written<br>notice of that fact to the secretary of state. Within five working days after receipt of the notice,<br>the secretary of state shall issue a new certificate of authorization which a notary may use to<br>obtain a replacement seal.44-06-04.1. Name change. A notary who has legally changed the notary's name shallsubmit to the secretary of state a rider to the notary's surety bond stating both the old and new<br>names, the effective date of the new name, and a ten dollar fee within sixty days of the name<br>change.Upon receipt of the rider and fee the secretary of state shall issue a certificate ofauthorization that a notary public may use to obtain a new seal. Once the authorization is on file<br>the secretary of state shall issue a commission with the notary's new name. After notification to<br>the secretary of state of the name change and until a new seal is obtained, the notary may<br>continue to use the old seal but must sign any notarial certificate substantially as follows:______________________________________Notary public North Dakota<br>Formerly known and commissioned as______________________________________<br>My commission expiresNotary Seal44-06-05. Vacancy - Disposition of records and seals. Whenever the office of anynotary public becomes vacant, the record of the notary together with all papers relating to the<br>office must be deposited in the office of the secretary of state except for the seal which must be<br>destroyed as provided in section 44-06-04. If a notary public resigns the notary's commission,<br>the notary shall notify the secretary of state within thirty days of the resignation, and shall indicate<br>the effective date of the resignation. Any notary public who, on resignation or removal from<br>office, or any executor or personal representative of the estate of any deceased notary public<br>who neglects to deposit the records and papers as aforesaid for the space of three months, or<br>any person who knowingly destroys, defaces, or conceals any records or papers of any notary<br>public, shall forfeit and pay a sum of not less than fifty dollars nor more than five hundred dollars,<br>and that person also is liable in a civil action for damages to any party injured.44-06-06. Duty of notary as to protested instrument. Each notary public, when anybill of exchange, promissory note, or other written instrument, is by that notary public protested<br>for nonacceptance or nonpayment, shall give notice thereof in writing to the maker, to each and<br>every endorser of such bill of exchange, and to the maker of each security or the endorsers of<br>any promissory note or other written instrument, immediately after such protest has been made.44-06-07. Service of notice by notary public. Each notary public shall serve noticepersonally upon each person protested against, or by properly folding the notice, directing it to<br>the person to be charged at that person's place of residence according to the best information<br>that the person giving the notice can obtain, depositing it in the United States mail or post office<br>most conveniently accessible, and prepaying the postage thereon.44-06-08. Record of notices - Certified copy - Competent evidence. Each notarypublic shall keep a record of all notices, of the time and manner in which the same were served,<br>the names of all the persons to whom the same were directed, and the description and amount ofPage No. 2the instrument protested. Such record, or a copy thereof, certified by the notary under seal, at all<br>times is competent evidence to prove such notice in any court of this state.44-06-09. Secretary of state - Preservation of records. The secretary of state shallreceive and keep safely all the records and papers directed by this chapter to be deposited in the<br>secretary of state's office and shall furnish certified copies thereof when required. Such copies<br>have the same force and effect as if the same were certified by the notary public by whom the<br>record was made.44-06-10. Removal from county - Requirements. Repealed by S.L. 1955, ch. 286, </p>
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