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Guidance

ND Guidance on Remote Online Notarization (2020)

Notary Law Update: ND Guidance on Remote Online Notarization (2020)

State: North Dakota

Summary:

The North Dakota Secretary of State has published guidance on remote online notarizations (RONs) for North Dakota Notaries in the midst of the COVID-19 crisis.

Signed:  March 25, 2020

Effective:  March 25, 2020

Chapter: N/A

Affects:

All North Dakota Notaries Public.

Changes:
  1. Requires Notaries to notify the Secretary of State that they will be performing notarial acts with respect to remotely located individuals.
  2. Requires Notaries to identify the technology they intend to use by providing the name of the provider of the communication technology that will be utilized for RONs.
  3. Requires Notaries to ensure that the provider they select can and will comply with all North Dakota legal requirements.
Analysis:

North Dakota Secretary of State Al Jaeger has issued guidance to North Dakota Notaries on performing remote online notarizations in the state. Previously, in 2019 North Dakota had enacted the Revised Uniform Law on Notarial Acts provisions for performing notarial acts for remotely located individuals (HB 1110). The guidance tracks what HB 1110 requires. The Notary must notify the Secretary of State that the Notary will be performing notarial acts for remotely located individuals and specify or identify the technology they intend to use. The Secretary's guidance states that this may be done by email to sosaccnot@nd.gov, by fax to (701) 328-0107, or by letter to North Dakota Secretary of State, 600 E Boulevard Avenue, Dept 108, Bismarck ND 58505-0500. Notaries are urged to select a RON provider with care, ensuring that the provider's system complies with all North Dakota legal requirements.

Read the guidance.

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