23.0118.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1083
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Commission on Uniform State Laws)
1 A BILL for an Act to amend and reenact section 44-06.1-13.1 of the North Dakota Century
2 Code, relating to the adoption of the Revised Uniform Law on Notarial Acts (2021).
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 44-06.1-13.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 44-06.1-13.1. Notarial Actact performed for remotely located individual.
7 1. As used in this section, unless the context otherwise requires:
8 a. "Communication technology" means an electronic device or process that:
9 (1) Allows a notary public and a remotely located individual to communicate
10 with each other simultaneously by sight and sound; and
11 (2) When necessary and consistent with other applicable law, facilitates
12 communication with a remotely located individual who has a vision, hearing,
13 or speech impairment.
14 b. "Foreign state" means a jurisdiction other than the United States, a state, or a
15 federally recognized Indian tribe.
16 c. "Identity proofing" means a process or service by which a third person provides a
17 notary public with a means to verify the identity of a remotely located individual
18 by a review of personal information from public or private data sources.
19 d. "Outside the United States" means a location outside the geographic boundaries
20 of the United States, Puerto Rico, the United States Virgin Islands, and any
21 territory, insular possession, or other location subject to the jurisdiction of the
22 United States.
23 e. "Remotely located individual" means an individual who is not in the physical
24 presence of the notary public who performs a notarial act under subsection 3.
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1 2. A remotely located individual may comply with section 44-06.1-05 by using
2 communication technology to appear before a notary public.
3 3. A notary public located in this state may perform a notarial act usinguse
4 communication technology to perform a notarial act for a remotely located individual if:
5 a. The notary public:
6 (1) Has personal knowledge under subsection 1 of section 44-06.1-06 of the
7 identity of the remotely located individual;
8 (2) Has satisfactory evidence of the identity of the remotely located individual
9 by oath or affirmation from a credible witness appearing before the notary
10 public under subsection 2 of section 44-06.1-06 or this section; or
11 (3) Has obtained satisfactory evidence of the identity of the remotely located
12 individual by using at least two different types of identity proofing;
13 b. The notary public is able reasonably to confirm that a record before the notary
14 public is the same record in which the remotely located individual made a
15 statement or on which the individual executed a signature;
16 c. The notary public, or a person acting on behalf of the notary public, creates an
17 audiovisual recording of the performance of the notarial act; and
18 d. For a remotely located individual located outside the United States:
19 (1) The record:
20 (a) Is to be filed with or relates to a matter before a public official or court,
21 governmental entity, or other entity subject to the jurisdiction of the
22 United States; or
23 (b) Involves property located in the territorial jurisdiction of the United
24 States or involves a transaction substantially connected with the
25 United States; and
26 (2) The act of making the statement or signing the record is not prohibited by
27 the foreign state in which the remotely located individual is located.
28 4. A notary public located in this state may use communication technology under
29 subsection 3 to take an acknowledgment of a signature on a tangible record physically
30 present before the notary public if the record is displayed to and identified by the
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1 remotely located individual during the audiovisual recording under subdivision c of
2 subsection 3.
3 5. The requirement under subdivision b of subsection 3 for the performance of a notarial
4 act with respect to a tangible record not physically present before the notary public is
5 satisfied if:
6 a. The remotely located individual:
7 (1) During the audiovisual recording under subdivision c of subsection 3, signs:
8 (a) The record; and
9 (b) A declaration, in substantially the following form, that is part of or
10 securely attached to the record:
11 I declare under penalty of perjury that the record of which this
12 declaration is a part or to which it is attached is the same record
13 on which (name of notary public), a notary public, performed a
14 notarial act and before whom I appeared by means of
15 communication technology on (date).
16 _____________________________
17 Signature of remotely located individual
18 _____________________________
19 Printed name of remotely located individual; and
20 (2) Sends the record and declaration to the notary public not later than three
21 days after the notarial act was performed; and
22 b. The notary public:
23 (1) In the audiovisual recording under subdivision c of subsection 3, records the
24 individual signing the record and declaration; and
25 (2) After receipt of the record and declaration from the individual, executes a
26 certificate of notarial act under section 44-06.1-14 which must include a
27 statement in substantially the following form:
28 I (name of notary public) witnessed, by means of communication
29 technology, (name of remotely located individual) sign the attached
30 record and declaration on (date).
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1 6. A notarial act performed in compliance with subsection 5 complies with subdivision a
2 of subsection 1 of section 44-06.1-14 and is effective on the date the remotely located
3 individual signed the declaration under subparagraph b of paragraph 1 of subdivision a
4 of subsection 5.
5 7. Subsection 5 does not preclude use of another procedure to satisfy subdivision b of
6 subsection 3 for a notarial act performed with respect to a tangible record.
7 8. A notary public located in this state may use communication technology under
8 subsection 3 to administer an oath or affirmation to a remotely located individual if,
9 except as otherwise provided by another law of this state, the notary public:
10 a. Identifies the individual under subdivision a of subsection 3;
11 b. Creates or causes the creation under subdivision c of subsection 3 of an
12 audiovisual recording of the individual taking the oath or affirmation; and
13 c. Retains or causes the retention under subsection 11 of the recording.
14 9. If a notarial act is performed under this section, the certificate of notarial act required
15 byunder section 44-06.1-14 and the short-form certificate provided inunder
16 section 44-06.1-19 must indicate the notarial act was performed using communication
17 technology.
18 5.10. A short-form certificate provided inunder section 44-06.1-19 for a notarial act subject to
19 this section is sufficient if it:
20 a. Complies with the rules adopted under subdivision a of subsection 813; or
21 b. Is in the form provided inunder section 44-06.1-19 and contains a statement in
22 substantially as followsthe following form: "This notarial act involved the use of
23 communication technology."
24 6.11. A notary public, a guardian, conservator, or agent of a notary public, or a personal
25 representative of a deceased notary public shall retain the audiovisual recording
26 created under subdivision c of subsection 3 or cause the recording to be retained by a
27 repository designated by or on behalf of the person required to retain the recording.
28 Unless a different period is required by rule adopted under subdivision d of
29 subsection 813, the recording must be retained for a period of at least ten years after
30 the recording is made.
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1 7.12. Before a notary public performs the notary public's initial notarial act under this
2 section, the notary public must notify the secretary of state that the notary public will
3 be performing notarial acts with respect to remotely located individuals and identify the
4 technologies the notary public intends to use. If the secretary of state has established
5 standards under subsection 813 and section 44-06.1-25 for approval of
6 communication technology or identity proofing, the communication technology and
7 identity proofing must conform to the standards.
8 8.13. In addition to adopting rules under section 44-06.1-25, the secretary of state may
9 adopt rules under this section regarding performance of a notarial act under this
10 section. The rules may:
11 a. Prescribe the means of performing a notarial act involving a remotely located
12 individual using communication technology;
13 b. Establish standards for communication technology and identity proofing;
14 c. Establish requirements or procedures to approve providers of communication
15 technology and the process of identity proofing; and
16 d. Establish standards and a period for the retention of an audiovisual recording
17 created under subdivision c of subsection 3; and
18 e. Prescribe methods for a notary public to confirm under subsections 4 and 5 the
19 identity of a tangible record.
20 9.14. Before adopting, amending, or repealing a rule governing performance of a notarial act
21 with respect to a remotely located individual, the secretary of state shall consider:
22 a. The most recent standards regarding the performance of a notarial act with
23 respect to a remotely located individual promulgated by national standard-setting
24 organizations and the recommendations of the national association of secretaries
25 of state;
26 b. Standards, practices, and customs of other jurisdictions that have laws
27 substantially similar to this section; and
28 c. The views of governmental officials and entities and other interested persons.
29 10.15. By allowing its communication technology or identity proofing to facilitate a notarial act
30 for a remotely located individual or by providing storage of the audiovisual recording
31 created under subdivision c of subsection 3, the provider of the communication
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1 technology, identity proofing, or storage appoints the secretary of state as the
2 provider's agent for service of process in any civil action in this state related to the
3 notarial act.
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Statutes affected: INTRODUCED: 44-06.1-13.1
Enrollment: 44-06.1-13.1
PREFILED: 44-06.1-13.1