ND Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A North Dakota notary public who moves to another state may:
- Continue using their ND commission for the remainder of its term
- Transfer their commission to the new state automatically
- Use their ND commission only for ND residents
- Must resign their commission upon establishing residency elsewhere (Correct answer)
Correct answer: Must resign their commission upon establishing residency elsewhere
North Dakota notary commissions are tied to residency or employment in the state; moving out of state and abandoning ND residency terminates the commission.
Question 2: What type of notarial act is performed when a notary certifies that they personally compared a photocopy with the original document?
- Acknowledgment
- Jurat
- Copy certification (Correct answer)
- Verification on oath
Correct answer: Copy certification
Copy certification is the act where a notary compares a copy to the original and certifies that it is a true and accurate reproduction.
Question 3: Under North Dakota law, which documents CANNOT be copy-certified by a notary?
- Contracts between private parties
- Vital records such as birth and death certificates (Correct answer)
- Personal letters
- Lease agreements
Correct answer: Vital records such as birth and death certificates
Vital records issued by government agencies (birth, death, marriage certificates) cannot be notarially copy-certified because certified copies must come from the issuing agency.
Question 4: A signer refuses to take an oath for religious reasons. What may a North Dakota notary offer instead?
- A witnessed signature only
- An affirmation (Correct answer)
- A declaration under penalty of perjury
- A notarized letter of intent
Correct answer: An affirmation
An affirmation is a solemn, legally equivalent alternative to an oath that does not reference a deity, available to those with religious objections.
Question 5: What information must appear in the venue portion of a North Dakota notarial certificate?
- City and ZIP code where the notary lives
- State and county where the notarial act was performed (Correct answer)
- State, county, and street address of the signing location
- Country and time zone only
Correct answer: State and county where the notarial act was performed
The venue clause identifies the state and county where the notarial act took place, establishing jurisdiction for the notarization.
Question 6: A North Dakota notary discovers an error in a notarial certificate after the document has been delivered. What is the best course of action?
- Mail a corrected certificate to the recipient
- Cross out the error and initial it without explanation
- Have the signer return to complete a corrected certificate (Correct answer)
- Contact the Secretary of State to issue a correction
Correct answer: Have the signer return to complete a corrected certificate
The proper remedy is for the signer to reappear before the notary so a correct, complete notarial certificate can be executed.
Question 7: In North Dakota, what does it mean to 'administer an oath' as a notarial act?
- To certify that a signature is genuine
- To cause a person to make a solemn, binding promise as to the truth of a statement (Correct answer)
- To verify that a document has been properly witnessed
- To record a person's verbal agreement in the notary journal
Correct answer: To cause a person to make a solemn, binding promise as to the truth of a statement
Administering an oath involves the notary causing the individual to make a solemn promise, invoking a higher power, that what they are saying or signing is true.
ND Notary Notarial Acts and Procedures 3
A North Dakota notary public who moves to another state may: