Legal Requirements and Procedures for Remote, Online, and Digital Notarizations in North Dakota

Notarization is an essential process in legal affairs, ensuring the authenticity and integrity of documents. Traditionally, notarizations required in-person meetings with a notary public. However, with the advent of technology, remote, online, and digital notarizations have become increasingly popular. This article will explore the legal requirements and procedures for remote, online, and digital notarizations in the state of North Dakota.

Understanding Remote Notarization

Remote notarization, also known as online notarization, allows individuals to complete notarizations remotely using audio-visual technology. This method provides convenience and flexibility, especially in situations where in-person meetings are challenging or impossible.

In North Dakota, remote notarizations are governed by the Revised Uniform Law on Notarial Acts (RULONA). RULONA defines the requirements and procedures for remote notarizations, ensuring the same level of security as traditional in-person notarizations.

Legal Requirements for Remote Notarizations in North Dakota

To perform remote notarizations in North Dakota, a notary public must meet specific legal requirements. These requirements include:

1. Being a commissioned notary public in North Dakota
2. Completing an application and obtaining authorization from the secretary of state to perform remote notarizations
3. Using an approved tamper-evident technology to perform remote notarizations
4. Following the procedures outlined in RULONA

It is important to note that remote notarizations can only be conducted for documents that are allowed to be notarized under North Dakota law.

Procedures for Remote Notarizations in North Dakota

When conducting a remote notarization in North Dakota, the following procedures must be followed:

1. The signer must present valid identification to the notary through the audio-visual technology.
2. The notary must positively identify the signer based on the identification presented.
3. The signer must affirmatively declare that they are physically located in North Dakota during the notarization.
4. The signer must provide their informed consent to the recording of the remote notarization session.
5. The notary must complete the notarial certificate, indicating that the notarization was performed remotely.
6. The notary must attach their electronic signature and official seal to the document.

All steps must be completed in real-time through audio-visual technology, ensuring the notary can observe the signer’s actions and demeanor.

Digital Notarization in North Dakota

Digital notarization, also referred to as electronic notarization, involves the use of electronic signatures, seals, and certificates. In North Dakota, digital notarizations are permitted under the Revised Uniform Law on Notarial Acts.

When performing digital notarizations, the notary must use an approved electronic signature and seal. The electronic signature must be unique to the notary and attached to the notarial certificate. Similarly, the electronic seal must be unique and verifiable.

Conclusion

Remote, online, and digital notarizations have revolutionized the way legal documents are authenticated. In North Dakota, the legal requirements and procedures for these notarizations are governed by the Revised Uniform Law on Notarial Acts. By adhering to these requirements, individuals can take advantage of the convenience and flexibility offered by remote and digital notarizations.

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