nd.gov - The Official Portal for North Dakota State Government
North Dakota: Legendary. Follow the trail of legends
Secretary of State, Notary Services North Dakota Secretary of State
black line
spacer spacer
black line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
Notary Public
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line
brown line

Notary Terms and Definitions

The following are common terms and definitions related to notarial duties.

  • Acknowledged – signer confirmed or admitted to the notary that he or she signed a document.
  • Acknowledgement – declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or person identified in the record.
  • Affidavit – written statement sworn to before an officer authorized to administer an oath. A person "makes" an affidavit by going before a notary or other officer and swearing to the contents of a written document. A notary "takes" an affidavit by administering an oath and completing the certificate.
  • Affiant – person making a statement under oath.
  • Before me – act was conducted in the presence of the notary.
  • Credible witness – a third person who personally knows the document signer and verifies the signer's identity.
  • Execute – making or completing a signature.
  • In representative capacity – acting as:
    1. An authorized officer, agent, partner, trustee or other representative for a person other than an individual;
    2. A public officer, personal representative, guardian or other representative, in the capacity stated in a record;
    3. An agent or attorney-in-fact for a principal; or
    4. An authorized representative of another in any other capacity.
  • Instrument – "document."
  • Certificate – notary's certificate on an affidavit.
  • Notarial Act – act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of North Dakota, including taking an acknowledgement, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument.
  • Notary public – individual commissioned to perform a notarial act by the secretary of state.
  • Official stamp – physical image affixed to a tangible record.
  • Personal knowledge – having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty.
  • Satisfactory evidence – a valid ID card or papers or use of a credible witness.
  • Stamping device – a physical device capable of affixing an official stamp to a tangible record.
  • Subscribed – "signature" or "signed."
  • Verification on oath or affirmation (formerly known as jurat) – declaration made by an individual on oath or affirmation before a notary public that a statement in a record is true.
spacer
black line
spacer
spacer
black line
spacer
Download Adobe Reader

Download Adobe Reader

spacer XHTML Validation Link CSS Validation Link Priority 2 Accessibility Link