Complete guide to permits and licenses required to start a notary in West Fargo, ND. Fees, renewal cycles, and agency contacts.
Required for all LLCs. Includes filing Articles of Organization.
Applies to all LLCs. Online filing available.
Required for performing notary acts. Prerequisites: 18+, ND resident, read ND Notary Handbook, pass exam (70% passing score), $10,000 bond. Term: 6 years. Journal required. LLC itself not commissioned; owner/employee must be.
$10,000 surety bond required for notary commission applicants. Provided by third-party surety; cost not set by state.
Required only if using an assumed/trade name. Protects name statewide. No general state business license required beyond LLC formation.
Notary services (document authentication) generally exempt, but required if selling notary seals/stamps or other products. Free registration.
Notary services are not subject to ND sales tax; this requirement only applies if the LLC also sells taxable goods or services.
A single‑member LLC is a disregarded entity for federal tax purposes and reports income on the owner’s personal ND income tax return (Form 1).
After registration, withholding returns are filed monthly or quarterly depending on the amount of tax withheld.
While ND law does not require E&O coverage, many professional associations (e.g., National Notary Association) and lenders require it.
Personal auto policies generally do not satisfy commercial use requirements.
A notary public business that only provides signing services does not need product liability coverage.
Notary offices rarely serve alcohol; therefore this insurance is not relevant.
This is the same requirement listed above as “Notary Public Surety Bond”; it is a statutory requirement for every notary public in North Dakota.
Notaries operating as a single-member LLC with no employees may not need an EIN and can use their Social Security Number, but obtaining an EIN is recommended for business legitimacy and banking purposes. However, IRS requires EIN for multi-member LLCs or those electing corporate taxation.
A Notary LLC is typically treated as a disregarded entity unless it elects otherwise. Income passes through to owner’s personal tax return. No federal business license is required for notary services.
A Notary operating from home or a small office with no employees is generally exempt from most OSHA recordkeeping, but must still provide a safe workplace if employees are present. No industry-specific OSHA standards apply to notary services.
Even home-based notaries may need to accommodate clients with disabilities if appointments are held at their residence. Requirements include accessible communication, reasonable modifications, and physical access if applicable.
Notary services do not involve hazardous materials, waste disposal, or emissions; therefore, no federal EPA permits or reporting are required for standard operations.
Notaries must avoid deceptive advertising (e.g., claiming to provide legal advice if unauthorized). FTC enforces truth-in-advertising rules under Section 5 of the FTC Act. No specific FTC license is required for notary services.
Form I-9 is administered by USCIS (DHS), not DOL, but DOL enforces related labor standards. Required for all employers in the U.S., regardless of industry. Not applicable to sole proprietors with no staff.
FLSA sets federal minimum wage ($7.25/hour), overtime (1.5x regular rate after 40 hours), and recordkeeping rules. Notary businesses with employees must comply. Independent contractors are not covered.
FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave. Most small Notary LLCs in North Dakota will not meet the 50-employee threshold.
Electronic filing is mandatory for most employers; paper filing is allowed only with prior approval.
After registration, the employer receives a UI account number used for quarterly UI tax filings.
Electronic filing via the UI Online portal is required for most employers.
ND has no franchise, gross receipts, or similar business privilege tax.
The license must be displayed at the place of business.
A separate license is required for each location.
Required for all businesses operating in incorporated cities; notary services classified under professional services. Check specific city code (e.g., Fargo City Code Chapter 31).
Fargo City Code Sec. 18-0803 limits home occupations to 25% of home floor area, no external signage, client visits by appointment only. Similar rules in Bismarck (Bismarck City Code Title 22).
Confirm zoning allows professional office use (e.g., C-1 commercial or AG residential with conditional use permit). Cass County Zoning Ordinance Article 5.
Bismarck City Code Chapter 15.32 regulates size, lighting, setbacks. No permits needed for small window signs under 6 sq ft.
Grand Forks City Code Sec. 15.04; not required for cosmetic changes like painting.
Fargo City Code Chapter 17. Required for occupancy certificate. Notaries typically low-risk unless multiple employees/clients.
Bismarck Municipal Code Sec. 8-12-1. Registration reduces false alarms.
Fargo City Code Sec. 15.12. Requires zoning, building, fire approval.
The employer is responsible for providing workers’ comp insurance or obtaining a self‑insurance certificate from the DLHR. The law applies to all private‑sector employers regardless of industry.
North Dakota law requires a $10,000 surety bond for every notary public (including LLCs that act as a notary). The bond protects the public against errors, omissions, or misconduct.
North Dakota statutes do not mandate general liability insurance for notaries, but many banks, title companies, and clients may require proof of coverage as a condition of doing business.
North Dakota does not have a statewide general business license, but many cities/counties require one.
The report must be filed online via the Secretary of State portal. No separate renewal for the LLC itself; the annual report keeps the entity in good standing.
North Dakota commissions are valid for four years. Renewal is processed through the Secretary of State’s online portal.
If the LLC is taxed as a partnership or disregarded entity, file the appropriate partnership or individual return instead.
The partnership itself does not pay income tax; income passes through to members who report on their personal returns.
Payments are made electronically via the ND Revenue’s e‑Tax portal.
Reports are filed electronically via the ND UI portal.
Proof of coverage must be kept on file at the principal place of business.
Required posters include Minimum Wage, Workers’ Compensation, Unemployment Insurance, and Anti‑Discrimination notices.
North Dakota does not require a journal, but if one is kept, the 5‑year retention rule applies.
If the LLC has employees or files any federal tax return, an EIN is required.
An Employer Identification Number (EIN) is a unique tax identification number assigned by the IRS to businesses operating in the United States; it's like a Social Security number for your business and is required for various financial activities.
Yes, the Federal Trade Commission (FTC) has specific guidelines regarding advertising and consumer protection that apply to all businesses, including notaries; these rules aim to prevent deceptive or misleading advertising practices.
The Financial Crimes Enforcement Network (FinCEN) requires reporting of Beneficial Ownership Information (BOI) to prevent money laundering and illicit financial activities; this involves disclosing the individuals who ultimately own or control your business.
The frequency of federal income tax filing depends on your business structure; LLCs typically file annually, but the specific form (Form 1065 or 1120S) will depend on your election and business operations.
Professional Liability / Errors & Omissions Insurance protects notaries from financial losses resulting from claims of negligence or errors in their notarial services; it's a crucial safeguard against potential lawsuits and financial hardship.
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