A Message from Secretary Howe
Spring is here, and with it comes fresh starts. Notaries are often right there for new beginnings – from business records to real estate transactions to life’s most important documents.
This issue of Notary Notes covers a few items to help you perform your notarial duties, such as how to notarize documents that are in a foreign language and best practices for handling notarization requests from family members. Also, since a stamping device is a notary’s most important tool, we included a reminder about the stamp requirements to keep in mind when obtaining a new one.
If you have questions while fulfilling your responsibilities, the Notary and Apostille section of our website is a great resource. You can also reach out to our Licensing and Notary team at sosnotary@nd.gov or 701-328-2900 and they would be happy to provide assistance.
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 Notarizing a Document in a Foreign Language
At times, a notary may be asked to perform a notarial act on a document drafted in a language other than English. This is permissible by law provided that a written English translation is attached to the document. In addition, both the foreign language document and the English translation document must be signed and notarized by the same notary public. This ensures that the English translation was present at the time of the notarization. It is important to note that the notary does not need to be the person who completes the translation, but the English translation must be attached to the document drafted in a foreign language for the notary to complete the notarial act.
Notarizing for Family Members
A notary is prohibited by law from notarizing their own signature and that of their spouse. What about other family members, such as a parent, a child, or a sibling? While law does not specifically prohibit a notary from performing a notarial act for family members (other than a spouse), it can often be viewed as an ethical issue and may cause the notary public to appear biased.
A notary may not be asked to notarize the signature of a family member, but instead asked to notarize a document in which the family member is a party or has a direct beneficial interest, such as a will or deed. Similar to notarizing family member signatures, the law prohibits a notary from notarizing the document if it is the notary or the notary’s spouse that is a party or has a direct beneficial interest, but law does not mention other family members.
Regardless of whether a notary is asked to notarize the signature of a family member or a document in which a family member is a party or has a direct beneficial interest, it is best to refer that family member to another notary to avoid any potential conflicts.
Stamp Requirements
A notary public is required to obtain a stamping device for performing notarial acts. To obtain a stamping device, the notary must receive an authorization from our office and then present that authorization to a vendor of their choice. The purpose of the authorization is to ensure that the vendor knows the notary has complied with requirements of our office to be commissioned as a notary public. It also ensures that the specific stamp requirements in law are followed by the vendor. The stamp must comply with the following requirements:
- The stamp must:
- Leave a clear impression
- Be able to be photocopied
- Include:
- The words “State of North Dakota” and “Notary Public”
- The notary’s name as provided on the authorization
- The commission expiration date as provided on the authorization
- Be surrounded by a border
- Comply with specific size requirements:
- Circular stamp: May be up to or equal to one and 5/8 inch in diameter
- Rectangular stamp: May be up to or equal to 7/8 inch vertically by 2 5/8 inches horizontally
- The stamp may not contain any other words, numbers, symbols, or a reproduction of the Great Seal of the state
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