A Message from Secretary Howe
With National Notary Public Day coming up on November 7, I wanted to thank you for your public service as notaries in North Dakota. What you do matters, and your dedication is greatly appreciated. You're often there for people, serving as an impartial witness during significant moments in their lives. You're fitting appointments into your busy schedule, double-checking IDs, and making sure notarial acts are completed according to our state’s laws. Sometimes it's at a kitchen table, sometimes at a closing on someone's first home, sometimes at a nursing home for an elderly resident's important documents.
You're the trusted professional who helps make sure everything is done correctly and legally. You protect people from fraud and give them confidence that their documents will hold up when it counts. North Dakota's communities depend on your professionalism and attention to detail. Thank you for the important work you do to serve the people of North Dakota.
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 Update Your Notary Commission If Your Name Changes
If your name legally changes due to marriage or other reasons, you are required to notify our office within 60 days of the name change. This can be done by completing the Notary Public Name Change online form in the FirstStop Portal. A rider to your notary bond stating both the previous name and the new name must be submitted with the form along with a $10 filing fee.
After you have notified our office of the name change, we will issue you a new authorization to purchase a notary stamping device showing your new name. You will then need to place an impression of the new notary stamping device on the Verification form and submit it to our office, similar to when you first became a notary. It is important to note that you will not be able to use the new stamping device until it is approved by our office. You will receive a new commission certificate displaying your new name once the stamp is approved.
After notifying our office, you may continue to perform notarial acts while waiting for approval of your name change and stamp. However, you must slightly adjust the information provided by your signature. You will use your current stamp and sign using your new name, but print your old name after the “formerly known and commissioned as” text as shown below.
Your Commission Belongs to You, Not Your Employer
Oftentimes, an individual applies for a notary public commission at the request of an employer. In some instances, the employer even pays for the surety bond, filing fee, and notary stamping device. It is important to remember that a notary commission is issued to the notary public; not the employer. This means that an employer may not withhold an employee’s notary commission if the employee leaves their place of employment. If you leave your place of employment, take your notary commission and stamp with you.
A common misconception some employers have is that if they pay for the commission, the notary may only perform notarial acts for the employer and cannot do so for the general public. Unless there is some other agreement in place between the employer and the notary, this is not accurate, as the commission is issued to the notary, not the employer.
In addition, an employer cannot force a notary to perform a notarial act, especially if it is not in full compliance with North Dakota law. You, as a notary, are responsible for and liable for notarial acts you perform. If any disciplinary actions or legal actions are commenced related to a notarial act performed by you, you are liable, not your employer. This means that you must ensure all notarial acts you perform are done so according to law.
Notary Commission Renewal Notices
Our office mails a renewal notice to you at your residence address on file approximately two months prior to the expiration date of your notary commission. Prior to receiving the renewal notice from our office, you may receive notices from other companies and third parties indicating that it is time to renew your notary commission. However, you may not start the renewal process until our office sends a renewal notice. Since these notices are mailed, it is important that you keep your address on file with our office up to date. To update your address, submit a Notary Public Amendment through the FirstStop Portal.
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