1.    A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:

Terms Used In North Dakota Code 44-06.1-12

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    A judge, clerk, or deputy clerk of a court; b.    An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law; c.    An individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or

d.    Any other individual authorized by federal law to perform the notarial act.

2.    The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.

3.    The signature and title of an officer described in subdivision a, b, or c of subsection 1 establish the authority of the officer to perform the notarial act.