ND House Bill 1316 | NNA
Law

ND House Bill 1316

Notary Law Update: ND House Bill 1316

State: North Dakota

Summary:

House Bill 1316 reduces the commission term of a North Dakota Notary to four years and makes other miscellaneous changes.

Signed:  March 23, 2017

Effective:  August 01, 2017

Chapter: TBD

Affects:

Amends Sections 44-06.1-01, 44-06.1-17, 44-06.1-20, 44-06.1-21, 44-06.1-23 and 44-06.1-27 of the North Dakota Century Code

Changes:
  1. No longer requires a Notary whose office becomes vacant to deposit his or her record and papers with the Secretary of State. 
  2. Removes the prior penalty of $50-$500 for a Notary who resigns or an executor or personal representative of a Notary failing to deposit the Notary’s records with the Secretary of State. 
  3. Reduces the commission term of a Notary from six to four years. 
  4. Removes the late fee the Secretary of State may impose on a Notary who fails to notify the Secretary of an address change within 60 days of the change. 
  5. Clarifies that a Notary whose commission is revoked may be denied a new commission for a period of up to four years instead of six, as the current law states. 
  6. Prohibits a Notary public from making or purporting to make any copy of a vital record, a recordable instrument, or a public record containing an official seal if: (a) the document is a copy or certified copy of any vital record authorized or required by law to be registered or filed; (b) the document is a copy or certified copy of an instrument entitled by law to be recorded; or (c) the document is a copy or certified copy of a public record containing an official seal. 
  7. Clarifies that a Notary must affix an official stamp at the time of each notarial act, and not just to each acknowledgment or verification upon oath or affirmation, as current law requires. 
  8. Clarifies that a Notary must place an impression of his or her official stamp on a certificate of authorization that a Notary must use to obtain a new stamping device after the Notary submits a rider to the Secretary of State upon a change of name. The new law further clarifies that the Notary must return the certificate of authorization to the Secretary before the Secretary may issue a new commission to the Notary in the Notary’s new name. 
Analysis:

The main change brought about under HB 1316 is to reduce the length of a Notary commission from six to four years. This will affect all commissions issued after the effective date of the new law. Notaries with existing six-year commissions will remain in force until their expiration. If a Notary’s commission is revoked, the new law clarifies that the Notary may be denied a new commission for four years instead of six. In addition, the bill clarifies that Notaries must affix their official stamps to all notarial acts they perform and not just to acknowledgments and verifications upon oath or affirmation, as the current laws states. The bill also makes several other minor changes around administrative matters, such as no longer requiring Notaries to deposit his or her commission records with the Secretary of State when their commissions become vacant and removing the penalty for failing to do so. 

Read the bill text.

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