A Step-by-Step Guide: How to Become an Online Notary in North Dakota

Want to become an online notary in North Dakota? This step-by-step guide explains how to obtain your North Dakota notary commission, prepare for Remote Online Notarization (RON), register your technology provider, and comply with the state's remote notarization requirements.

North Dakota allows commissioned notaries public to perform remote notarizations using communication and identity-verification technology that complies with state law. This allows a notary and signer to meet using live audio-video communication rather than being physically in the same room.

Step 1: Make Sure You Qualify to Become a North Dakota Notary

Before you can perform Remote Online Notarizations, you must qualify to become a North Dakota notary public.

Under the state's current requirements, an applicant must generally:

• Be at least 18 years old.
• Be a U.S. citizen or permanent legal resident.
• Be able to read and write English.
• Meet North Dakota's residency, employment, practice, or applicable border-county requirements.

Step 2: Apply for Your North Dakota Notary Commission

New notaries apply through the North Dakota Secretary of State's FirstStop Portal.

The current application process includes:

• A completed notary application.
• A $7,500 notary bond.
• A signed Notary Oath of Office.
• A $36 application fee.

The oath must be signed in the presence of a notary public. When completing your application, make sure the name you provide matches the name you plan to use when signing notarial certificates.

The North Dakota Secretary of State's current application instructions do not list a separate state notary examination or RON examination as part of the commissioning process.

Step 3: Obtain Your North Dakota Notary Stamp and Commission

Once your application is approved, the Secretary of State provides a Certificate of Authorization to Purchase Notary Stamping Device.

You can then purchase your notary stamp from a vendor of your choice. After receiving the stamp, you will need to submit an impression of it using the state's verification process.

After the stamp has been reviewed and approved, the Secretary of State issues your notary commission certificate.

Step 4: Choose a Remote Online Notarization Technology Provider

Once you are commissioned, the next step is choosing the technology you will use to perform Remote Online Notarizations.

North Dakota requires the technology used for remote notarization to satisfy the requirements established by state law. The system must support live communication between the notary and remotely located signer and enable the required audiovisual recording of the notarial act.

When selecting a RON platform, look for features that support:

• Live audio-video communication.
• Signer identity verification.
• Secure electronic document signing.
• Tamper-evident electronic documents.
• Audiovisual session recording.
• Electronic notary journals.
• Secure long-term record retention.

Step 5: File a Notary Public Amendment with the Secretary of State

This is one of the most important North Dakota-specific requirements.

As part of the amendment, you indicate whether you intend to perform electronic notarizations, remote notarizations, or both. You also identify the communication technology provider you intend to use.

Step 6: Set Up Your Electronic Notarization Tools

Remote Online Notarization involves an electronic record. The signer electronically signs the document, and the notary must be able to reasonably confirm that the record being signed is the same record presented during the remote notarization session.

Depending on your RON technology provider, your setup may include:

• An electronic notary signature.
• An electronic notary seal.
• A digital certificate.
• Identity-proofing technology.
• An electronic journal.
• Audiovisual session recording and storage.

Your electronic notarization technology should comply with applicable North Dakota requirements, including tamper-evident technology where required.

Step 7: Follow North Dakota's Rules During Every Remote Notarization

North Dakota establishes specific requirements for notarizing documents for remotely located individuals.

The Notary Must Be in North Dakota

A North Dakota notary performing a remote notarization must be physically located in North Dakota at the time of the notarial act. The signer may be remotely located elsewhere, subject to applicable state and international requirements.

Use Live Audio-Video Communication

The notary and signer must be able to communicate simultaneously by sight and sound using communication technology.

The remote notarization session must also be audiovisually recorded as required by North Dakota law.

Verify the Signer's Identity

North Dakota law allows a remotely located individual's identity to be established using permitted methods such as:

• The notary's personal knowledge of the signer.
• A credible witness as permitted by law.
• At least two different types of identity proofing when identity proofing is used.

Knowledge-based authentication, often called KBA, may be one component of an identity-proofing process, but North Dakota's requirements should be reviewed carefully to ensure the complete identity-verification process complies with state law.

Use the Proper Notarial Certificate

The notarial certificate must indicate that communication technology was used to perform the notarization.

Step 8: Maintain Your Remote Notary Journal and Recordings

Recordkeeping is an important part of performing Remote Online Notarizations in North Dakota.

A journal entry for a remote notarial act generally includes information such as:

• The date and time of the notarial act.
• A description of the record.
• The type of notarial act performed.
• The signer's name and address.
• How the signer's identity was established.
• The fee charged, if applicable.

How Much Can an Online Notary Charge in North Dakota?

North Dakota generally allows a notary to charge up to $5 per notarial act.

A notary performing an electronic or remote notarization may also charge a separate technology fee when the notary incurs costs for using the technology.

The technology fee should be agreed to by the notary and customer in advance, and the customer should understand that the technology fee is separate from the fee charged for the notarial act itself.

Can a North Dakota Online Notary Notarize for Someone in Another State?

Yes. The signer does not necessarily have to be physically located in North Dakota.

The important location requirement is that the North Dakota notary must be physically located in North Dakota while performing the remote notarization.

North Dakota also permits certain remote notarizations for people located outside the United States when statutory conditions are satisfied. Additional requirements apply to international transactions, so the notary should carefully review the applicable law before proceeding.

Remote Online Notarization vs. Remote Ink Notarization in North Dakota

North Dakota recognizes both Remote Online Notarization and certain forms of Remote Ink Notarization.

North Dakota Online Notary Requirements: Quick Checklist

Official North Dakota Resources

• North Dakota Secretary of State – Become a Notary Public
• North Dakota Secretary of State – Electronic and Remote Notarizations
• North Dakota Century Code – Chapter 44-06.1