In-Person Paper Notarizations
Am I required by law to maintain a notary journal in North Dakota?
No, a notary public in the State of North Dakota is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of North Dakota and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of North Dakota does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of North Dakota?
Yes, notaries in the State of North Dakota are authorized to perform remote online notarizations.
Do I have to record the Remote Online Notarization session?
Yes
“A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; …” (NDCC 44-06.1-13.1.3.c).
What is the retention period for RON recordings?
10 years
“...the recording must be retained for a period of at least ten years after the recording is made” (NDCC 44-06.1-13.1.6).
Do I have to log RON sessions in a journal?
Yes
“A notary public shall maintain a journal in which the notary public chronicles all notarial acts the notary public performs with respect to a remotely located individual under [NDCC] section 44 -06.1-13.1” (NDCC 44-06.1-16.1.1).
Journal format
Paper/hardbound or electronic journal acceptable
“A journal may be created on a tangible medium or in an electronic format. A notary public shall maintain only one journal at a time to chronicle all notarial acts performed regarding tangible records and one or more journals to chronicle all notarial acts performed regarding electronic records. If a journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (NDCC 44-06.1-16.1.2).
Journal entry requirements
“An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
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a. The date and time of the notarial act;
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b. A description of the record, if any, and type of notarial act;
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c. The full name and address of each individual for whom the notarial act is performed;
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d. If identity of the individual is based on personal knowledge, a statement to that effect;
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e. If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of the identification credential; and
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f. The fee, if any, charged by the notary public” (NDCC 44-06.1-16.1.3).
Journal retention
10 years
“The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (NDCC 44-06.1-16.1.1).
RON recordings & journal upon death
“Upon the death or adjudication of incompetency of a current or former notary public, the personal representative or guardian of the notary public shall retain the journal as provided in [NDCC 44-06.1-16.1] subsections 1 and 5 or transmit the journal to a repository approved by the secretary of state” (NDCC 44-06.1-16.1.5).
“A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under [NDCC 44-06.1-13.1] subdivision c of subsection 3 or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under [NDCC 44-06.1-13.1] subdivision d of subsection 8, the recording must be retained for a period of at least ten years after the recording is made” (NDCC 44-06.1-13.1.6).
Reference Links
Helpful resources for North Dakota Notaries
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Uniform Law of Notarial Acts for North Dakota
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North Dakota Notary Public Website
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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