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NORTH DAKOTA HOUSE BILL 1110
The North Dakota legislature recently amended its notarial laws to permit remote online notarizations, effective August 1, 2019.
A notarial officer may now certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
“Communication technology” means an electronic device or process that:
“Foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
“Identify proofing” means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
“Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a remote notarial act.
A notary public located in North Dakota may perform a notarial act using communication technology for a remotely located individual if:
In the case of a remote notarial act, the certificate of notarial act and the short-form certificate must indicate the notarial act was performed using communication technology. A statement substantially as follows will suffice: “This notarial act involved the use of communication technology.”
A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public must retain the audiovisual recording created or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted by the secretary of state, the recording must be retained for a period of at least ten years after the recording is made.
Before a notary public performs the notary public’s initial remote notarial act, the notary public must notify the North Dakota secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards for approval of communication technology of identity proofing, the communication technology and identity proofing must conform to the standards.
A recorder must accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies the tangible copy is an accurate copy of the electronic record.
The amendments also include provisions regarding maintaining a record of notarial acts performed.
The secretary of state may adopt rules regarding performance of a remote notarial act.
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