North Dakota e-signature and notarization law

North Dakota's electronic signature law: the Uniform Electronic Transactions Act (N.D. Cent. Code ch. 9-16). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What North Dakota's e-signature law does not cover

The legislature adopted the Uniform Electronic Transactions Act in 2001, and it now sits in Century Code chapter 9-16. Section 9-16-02 says the chapter does not apply to transactions governed by:

• Laws on making and executing wills, codicils and testamentary trusts.
• The Uniform Commercial Code, other than section 41-01-20 and chapters 41-02 and 41-02.1.
• Chapters 41-03, 41-04, 41-04.1, 41-05, 41-07, 41-08 or 41-09 of the Century Code.

How North Dakota's law treats electronic records

North Dakota's writing rule sits in section 9-16-06: if a law requires a record to be in writing, an electronic record satisfies the law.

Remote online notarization in North Dakota

Remote online notarization: allowed in North Dakota.

N.D. Cent. Code § 44-06.1-13.1 says a notary public located in North Dakota may use communication technology to perform a notarial act for a remotely located individual, meaning one not in the physical presence of the notary.

North Dakota asks for notice instead of a second commission: ahead of the first remote act, the notary informs the Secretary of State and names the technologies the notary intends to use.

The section was created by 2019 legislation, H.B. 1110, approved March 8, 2019.

North Dakota caps what a notary can charge at five dollars per notarial act. For a remote act, the notary may add a technology fee only where the notary incurred technology costs, the fee is agreed in advance, and the notary explains it is separate from the notarial fee.

A notary keeps a journal of every notarial act performed for a remotely located individual and retains it for ten years after the last act in it. The audiovisual recording is retained for at least ten years.

Paper is covered too: when the signer holds the paper record, the signer signs it and a declaration during the recording and sends both to the notary not later than three days afterwards. A notary may also administer an oath or affirmation to a remotely located individual.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read North Dakota's law

• Electronic signatures: N.D. Cent. Code ch. 9-16, exclusions at § 9-16-02.
• Remote notarization: N.D. Cent. Code § 44-06.1-13.1.

Checked against North Dakota's published law on November 2, 2026. This is general information, not legal advice.