On March 8, 2019, North Dakota House Bill 1110 (“HB 1110”) was signed into law, enacting remote notarization amendments of the Revised Uniform Law on Notarial Acts, which allows notaries to perform notarial acts for remotely located individuals. The notarial act may be on paper or on electronic records.
HB 1110 amends North Dakota law to provide that a remotely located individual may comply with the requirement to personally appear for a notarial act by using communication technology. Section 4 of the bill defines “Communication technology” in part as an electronic device or process that allows a notary public and a remotely located individual to communicate with other simultaneously by sight and sound.
Before performing an initial notarial act for remotely located individuals, the notary must notify the Secretary of State and identify the technologies that will be used. Additionally, remote notarizations require that the notary must: (1) identify an individual through personal knowledge, the oath or affirmation of a credible witness, or by using at least two different types of identity proofing; (2) reasonably confirm that a record before the notary is the same record in which the remotely located individual made a statement or on which the individual executed a signature; (3) create an audiovisual recording of the performance of the notarial act; and (4) keep a separate journal of notarial acts involving remotely located individuals.
The new law also authorizes the Secretary of State to adopt rules for performing remote notarizations and provide standards for the rules. The provisions become effective on September 1, 2019.
To read a copy of the text of the bill, click here.
If you have any questions, please contact DocMagic’s Compliance Department.
