Things to Know
The information contained on this page is from the North Dakota Secretary of State website.
Can a notary use of an embossed style notary seal on my document?No. Since August 1, 2003, a notary may not use an embossed style notary seal to notarize documents. If you have an embossed style notary seal, it should be destroyed because it is no longer legal and it may cause you to be in violation of state law if it is used to notarize documents. You could be in violation of state law even if you use your notary stamps in addition to the embossed seal.
Can a notary refuse to notarize a signature?A notary may refuse to perform a notarial act if the notary believes that the person is not competent or lacks the capacity to execute the instrument or if the notary does not believe that the person is executing the instrument knowingly or voluntarily. A notary may also refuse to perform the notarial act for any other reason unless prohibited by law.
What if a person is physically unable to sign a document?A person who is physically unable to sign the instrument may instruct another person (other than the notary) to sign the person's name on the instrument in his or her presence. The notary should then insert something in the certificate similar to "Signature affixed by (insert name of other person) in the presence of and at the direction of (insert name of person)." The notary should also follow the guidelines below:
Is a notary permitted to notarize the signature of a person who signs by mark?Yes, on a rare occasion a notary may need to notarize the signature of a person who signs by way of mark. The person may be illiterate or may have a physical disability that prohibits the person from signing in a customary manner. There are no additional procedures required by law when notarizing the signature. However, it may be beneficial to take extra precautions by using the guidelines below:
Is it legal for a notary to notarize the signature of their spouse?No. A notary is prohibited from notarizing his or her spouse's signature.
Is it legal for a notary to notarize their own signature?No. A notary is prohibited from notarizing his or her own signature.
Can a notary notarize the signature of a family member other than a spouse?Although not prohibited by law, it is recommended that a notary not notarize a document for a close family member, such as a parent, sibling or other close relative. Notarizing documents for these individuals can sometimes cause the notary to appear biased and is often an ethical issue. If a family member requests that you notarize a document for them, it is best to refer the family member to another notary to avoid any possible conflicts.
Is it legal for a notary to notarize a document that their spouse or I have a direct beneficial interest in?No. A notary is not allowed to notarize a document in which the notary or the notary's spouse may have a direct beneficial interest.
Can a notary predate or postdate a document being notarized if the individual signed or acknowledged the document on a different day?No. A notary cannot notarize a document in which the date on the certificate is not the actual date the document is being notarized. Also, a notary cannot notarize a document without completing the date on the certificate.
Is a notary able to charge a fee for notarial acts?Yes. A notary may charge a fee of no more than $5 for each notarial act. However, if the notary needs to travel to perform the notarial act, the notary may charge an additional travel fee if the notary and the person agree on a travel fee in advance. The person must also understand that the travel fee is in addition to the notarial fee and is not required by law.
Is a notary permitted to notarize a document written in a language other than English?If the document you are notarizing is in a foreign language, an English translation must be attached to the document prior to notarization.
Can a notary prepare legal documents?Unless you are an attorney who is also a notary, you are not allowed to prepare legal documents.
Can a notary refuse to notarize a signature?A notary may refuse to perform a notarial act if the notary believes that the person is not competent or lacks the capacity to execute the instrument or if the notary does not believe that the person is executing the instrument knowingly or voluntarily. A notary may also refuse to perform the notarial act for any other reason unless prohibited by law.
What if a person is physically unable to sign a document?A person who is physically unable to sign the instrument may instruct another person (other than the notary) to sign the person's name on the instrument in his or her presence. The notary should then insert something in the certificate similar to "Signature affixed by (insert name of other person) in the presence of and at the direction of (insert name of person)." The notary should also follow the guidelines below:
- Question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is blind, read the entire document to him or her. If the person does not understand, do not notarize the document.
- Obtain identification from the person with the disability. However, it is not necessary to require identification from the designated signer.
- It is also recommended that a person(s) with no interest in the transaction witness the signing and notarization of the document and that the name and the person's address be clearly printed below his or her signature.
Is a notary permitted to notarize the signature of a person who signs by mark?Yes, on a rare occasion a notary may need to notarize the signature of a person who signs by way of mark. The person may be illiterate or may have a physical disability that prohibits the person from signing in a customary manner. There are no additional procedures required by law when notarizing the signature. However, it may be beneficial to take extra precautions by using the guidelines below:
- Question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is illiterate, read the entire document to him or her. If the person does not understand, do not notarize the document.
- Obtain proper identification from the person signing the document.
- Prior to the person signing the document, print the person's first name at the beginning of the signature line and the person's last name at the end of the signature line. Right below the signature line, write the words "His Mark" or "Her Mark." Example: John X Doe His Mark
- Ask the person to make his or her mark on the signature line.
- It is also recommended that a person(s) with no interest in the transaction witness the signing and notarization of the document and that the name and the person's address be clearly printed below his or her signature.
- The notary should insert something in the certificate similar to "Signature affixed by (insert name of the person) by way of mark in the presence of these witnesses."
Is it legal for a notary to notarize the signature of their spouse?No. A notary is prohibited from notarizing his or her spouse's signature.
Is it legal for a notary to notarize their own signature?No. A notary is prohibited from notarizing his or her own signature.
Can a notary notarize the signature of a family member other than a spouse?Although not prohibited by law, it is recommended that a notary not notarize a document for a close family member, such as a parent, sibling or other close relative. Notarizing documents for these individuals can sometimes cause the notary to appear biased and is often an ethical issue. If a family member requests that you notarize a document for them, it is best to refer the family member to another notary to avoid any possible conflicts.
Is it legal for a notary to notarize a document that their spouse or I have a direct beneficial interest in?No. A notary is not allowed to notarize a document in which the notary or the notary's spouse may have a direct beneficial interest.
Can a notary predate or postdate a document being notarized if the individual signed or acknowledged the document on a different day?No. A notary cannot notarize a document in which the date on the certificate is not the actual date the document is being notarized. Also, a notary cannot notarize a document without completing the date on the certificate.
Is a notary able to charge a fee for notarial acts?Yes. A notary may charge a fee of no more than $5 for each notarial act. However, if the notary needs to travel to perform the notarial act, the notary may charge an additional travel fee if the notary and the person agree on a travel fee in advance. The person must also understand that the travel fee is in addition to the notarial fee and is not required by law.
Is a notary permitted to notarize a document written in a language other than English?If the document you are notarizing is in a foreign language, an English translation must be attached to the document prior to notarization.
Can a notary prepare legal documents?Unless you are an attorney who is also a notary, you are not allowed to prepare legal documents.