A Message from Secretary Howe
As we begin a new year, it’s a great time for notaries to review the different types of notarial acts and how to perform them. As a notary public, you are entrusted with an important responsibility. When something is missed or done incorrectly, it can create problems with the notarization. In this issue of Notary Notes, you’ll see a brief overview of recent violations and reprimands. Many were simple, honest mistakes that could’ve been avoided with a quick double‑check of the documents being notarized. We are including this information to provide a reminder of the importance of making sure all the proper steps and verifications are completed.
Our office tries its best to make sure that notaries have the information they need to fulfill their duties. If you have ideas for resources or feedback that can help us support you, please reach out to our office. Thanks for serving North Dakota with professionalism and attention to detail.
|
 One of the most common violations of notary law presented to our office is a missing signature on the notarial certificate or a missing signature to be notarized. When a notary public is performing a notarial act on a written record, the notary must always sign the notarial certificate. In addition, notarial acts on written documents (with the exception of certifying or attesting a copy) require that the notary is notarizing someone else’s signature. Therefore, that signature must be present on the document as well. When notarizing a document, it is best practice to review the document before and after performing the notarial act to ensure all of the information is included on the document.
When you obtain a notary surety bond, the surety company may also offer errors and omissions insurance. You may ask yourself whether this is required and what is the difference between my surety bond and errors and omissions insurance.
North Dakota law requires that a notary public maintain a surety bond in the amount of $7,500 to cover notarial acts performed by the notary during the term of commission. The bond protects the notary in the event a mistake is made by a notary that causes a client to suffer a financial or other loss. With a surety bond, a notary is required to reimburse the surety company for any claims paid. Errors and omissions insurance is not required by law, but is added protection for the notary in these situations. With this type of insurance, when a claim is made, the notary is not required to reimburse the insurance carrier for claims paid.
A notary public is responsible for notarial acts performed by the notary and it is your decision, as a notary public, whether to purchase errors and omissions insurance. Documentation for errors and omissions insurance is for the notary’s records only and should not be filed with our office.
|
As a notary public commissioned in North Dakota, you are authorized to perform various types of notarial acts. These acts include:
- Taking an acknowledgment
- Taking a verification on oath or affirmation
- Witnessing or attesting a signature
- Certifying or attesting a copy
It is important to remember that it is the responsibility of the person requesting the notarization to choose the type of notarial act. You may describe each of the types, refer them to our website, or refer them to the authority to which the document is to be submitted, but you should not choose which type of notarial act to perform.
More information on the types of notarial acts as well as sample certificates is available under the Additional Guidance section of the Performing Notarial Acts page on our website.
Acknowledgment
During an acknowledgment, the person appearing before you must declare that he or she signed the record for the purpose stated in the record. The person may have signed the document prior to appearing before you or they may sign the document in your presence. However, the statement must be made in your presence.
Verification on Oath or Affirmation
A verification on oath or affirmation is similar to an acknowledgment, but the person is signing under oath or affirmation that the statements in the record are true. In addition, the person must sign the document in your presence; it cannot be signed beforehand as it can for an acknowledgment.
Witness or Attest a Signature
For witnessing or attesting a signature, you are simply witnessing or attesting that the individual signed the document. For this notarial act, the person must personally appear before you and sign the document in your presence.
Certify or Attest a Copy
Certifying or attesting a copy means that you have either made a copy of the original document yourself or that you have compared two versions provided to you and determined that the copy is a full, true, and accurate reproduction of the original record.
In 2025, our office issued just over 45 violations to notaries public commissioned in North Dakota. Approximately 85 reprimands were also issued. The most common violations were missing signatures either by the notary public or by the person whose signature was to be notarized, while the most common reprimands related to a missing date or venue on the notarial certificate.
Some of these errors and violations were innocent mistakes that could have been prevented had the notary realized what he or she was doing was incorrect. However, some violations could be the basis of revocation of the notary’s commission. It is important that you, as a notary public, are knowledgeable about the current notary laws so that you can perform your duties accurately and with integrity. You are an officer of the state and are entrusted by the citizens of North Dakota to perform your duties without error. Reviewing this newsletter and the information provided on our website can help ensure you maintain the knowledge needed for performing notarial acts in North Dakota.
|
