§ 44-06.1-23 — Prohibited acts

North Dakota § 44-06.1-23

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-06.1: Revised Uniform Law on Notarial Acts

Text

1. A commission as a notary public does not authorize an individual to:
a. Assist in drafting legal records, give legal advice, or otherwise practice law;
b. Act as an immigration consultant or an expert on immigration matters;
c. Represent an individual in a judicial or administrative proceeding relating to
immigration to the United States, United States citizenship, or related matters; or
d. Receive compensation for performing any of the activities listed in this
subsection.
2. A notary public may not engage in false or deceptive advertising.
3. A notary public, other than an attorney licensed to practice law in this state, may not
use the term "notario" or "notario publico".
4. A notary public, other than an attorney licensed to practice law in this state, may not
advertise or represent that the notary public may assist in drafting legal records, give
legal advice, or otherwise practice law. If a notary public, who is not an attorney
licensed to practice law in this state, in any manner advertises or represents that the
notary public offers notarial services, whether orally or in a record, including broadcast
media, print media, and the internet, the notary public shall include the following
statement, or an alternate statement authorized or required by the secretary of state,
in the advertisement or representation, prominently and in each language used in the
advertisement or representation: "I am not an attorney licensed to practice law in this
state. I am not allowed to draft legal records, give advice on legal matters, including
immigration, or charge a fee for those activities." If the form of advertisement or
representation is not broadcast media, print media, or the internet, and does not permit
the inclusion of the statement required by this subsection because of size, it must be
prominently displayed or provided at the place of performance of the notarial act
before the notarial act is performed.
5. Except as otherwise allowed by law, a notary public may not withhold access to or
possession of any original record provided by an individual who seeks performance of
a notarial act by the notary public.
6. A notary public may not notarize a signature on a document if:
a. The document was not first signed or re-signed in the presence of the notary
public, in the case of a verification on oath or affirmation, or in the case of an
acknowledgment, was not acknowledged in the presence of the notary public.
b. The name of the notary public or the spouse of the notary public appears on the
document as a party or in which document either individual has a direct beneficial
interest or if either individual appears as a signatory to a petition within the
meaning of section 1-01-50. A notarial act performed in violation of this
subdivision is voidable.
c. The signature is that of the notary public or the spouse of the notary public.
d. Except as otherwise provided by law, the notary public uses a name or initial in
notarizing the document other than as it appears on the notary's commission.
However, such an act by a notary by itself does not affect the validity of the
document.
e. The date of the verification on oath or affirmation or acknowledgment is not the
actual date the document is to be notarized or the verification on oath or
affirmation or acknowledgment is undated.

f. The signature on the document or the notarial certificate is not an original
signature, except as otherwise provided by law.
g. The notary is falsely or fraudulently signing or notarizing a document, verification
on oath or affirmation, or acknowledgment or in any other way is impersonating or
assuming the identity of another notary.
h. The signature is on a blank or incomplete document.
i. In the case of a document drafted in a language other than English, the document
is not accompanied by a permanently affixed and accurate written English
translation.
j. The notary did not obtain satisfactory evidence of the identity of the signer, unless
the signer is personally known to the notary.
7. A notary public may not make or purport 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.
8. A notary public shall affix the notary's official stamp at the time of performing each
notarial act.