ND House Bill 1168 | NNA
Law

ND House Bill 1168

Notary Law Update: ND House Bill 1168

State: North Dakota

Summary:

Originally enacted in 2003, House Bill 1168 set an effective date of August 1, 2009, for transition to a new seal requirement by all Notaries, who must now use seals that are “designed to leave a clear impression” and photographically reproducible, and may not use a metal embosser as an official seal. This law update only reports on the effective date of the seal provision. There were additional changes to the law brought in under House Bill 1168 which have been in effect for a number of years now.

Signed:  March 31, 2003

Effective:  August 15, 2009

Chapter: 387

Affects:

Amends Section 44-06-04 of the North Dakota Century Code

Changes:
  1. Effective August 1, 2009, all Notaries must use a photographically reproducible inking stamp Notary seal. Note: embosser seals are now no longer acceptable for use in North Dakota, even if they are inked or “smudged” with carbon.
Analysis:

Effective August 1, 2009, the transition to ink-stamp Notary seals enacted as part of House Bill 1168 of 2003, must be complete. North Dakota Notary Administrator Charlotte Zander explained to the NNA that the changeover from embossers to ink-stamps was phased in over 6 years, which is the term of office for a North Dakota Notary. Notaries were allowed to wait until their commissions expired before they had to obtain an ink-stamp seal. Ms. Zander said that a “smudged” embosser would be unacceptable, and that embossers are outlawed for Notaries even if they are used in addition to an inking seal. Certificates of authorization from the Secretary of State must be presented to the seal vendor, and the Notary must affix an impression of the new seal upon the certificate and return it to the Secretary; at that point, a new commission will be issued to the Notary.

The bill text follows.

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