1.    An individual qualified under subsection 2 may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide on a form prescribed by the secretary of state, the information required by the secretary of state and submit the required application fee of thirty-six dollars.

2.    An applicant for a commission as a notary public must:

a.    Be at least eighteen years of age; b.    Be a citizen or permanent legal resident of the United States; c.    Be a resident of or have a place of employment or practice in this state or must reside in a county that borders this state and which is in a state that extends reciprocity to a notary public who resides in a border county of this state. If the person resides in a county bordering this state, that person by applying for a commission in this state appoints the secretary of state as the agent for service of process, for all purposes relating to notarial acts, including the receipt of correspondence relating to notarial acts; d.    Be able to read and write English; and

e.    Not be disqualified to receive a commission under section 44-06.1-21.

3.    Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the secretary of state.

4.    Before issuance of a commission as a notary public, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of seven thousand five hundred dollars and is subject to approval by the secretary of state. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.

5.    On compliance with subsections 1, 2, 3, and 4, the secretary of state shall issue a notary public commission to an applicant for a term of four years, unless sooner removed by the secretary of state. The notary shall post the commission in a conspicuous place in the notary’s office or place of employment. A notary public commission may be renewed up to sixty days before the commission’s expiration date by reapplying in the same manner as required for an original commission.

6.    A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide a notary public any immunities or benefits conferred by law of this state on public officials or employees.

7.    Notwithstanding any other provision of law, a notary public may perform any notarial act as defined in section 44-06.1-01 outside the state as provided in section 47-19-55.

8.    The secretary of state shall notify each notary public at least thirty days before the expiration of the notary public’s term of the date upon which the notary public’s commission will expire. The notice must be addressed to the notary public at the last-known place of residence.

9.    Each notary public issued a commission shall notify the secretary of state in writing within sixty days of any change of address.