NC Notary Liability and Disciplinary Actions 2

Question 1

Under NCGS Chapter 10B, which of the following acts by a NC notary is a Class I felony?

Accepted Answer

Knowingly performing a notarization with a false statement in the certificate

Answer

Charging $11 instead of the $10 maximum fee

Answer

Performing a notarization while the commission has expired

Answer

Failing to update the NC SOS of a change of address within 30 days

Question 2

A NC notary is sued by a signer who claims the notary failed to properly verify their identity and they suffered financial loss as a result. The notary may be found liable if:

Accepted Answer

The notary failed to exercise reasonable care in the identity verification process

Answer

The notary charged more than $5 for the notarization

Answer

The signer can prove the document was fraudulent

Answer

The notary's commission had been renewed less than 6 months earlier

Question 3

Under NCGS Chapter 10B, the NC SOS may take which disciplinary action against a notary who commits a violation?

Accepted Answer

Suspension, revocation of commission, or reprimand

Answer

Criminal prosecution only — the SOS cannot impose administrative penalties

Answer

Imposing fines up to $100,000

Answer

Permanent bar from any state employment

Question 4

A NC notary commits notarial misconduct and their commission is revoked. The notary appeals the decision. Under NCGS Chapter 10B, appeals of the NC SOS's commission revocation decision are heard by:

Accepted Answer

The NC Superior Court through the Administrative Procedures Act

Answer

The NC Supreme Court directly

Answer

A special notary review board appointed by the Governor

Answer

The county register of deeds where the notary filed their bond

Question 5

Under NC law, a notary who performs a notarial act for a person they know to be under duress may face which consequences?

Accepted Answer

Commission revocation and potential criminal liability

Answer

Only a warning letter from the NC SOS for a first offense

Answer

A mandatory training requirement to be completed within 30 days

Answer

Only civil liability to the victim

Question 6

A NC notary inadvertently notarizes a document without filling in the date on the notarial certificate. Under Chapter 10B, this error:

Accepted Answer

Is a technical defect that may not void the notarization if substantial compliance is met

Answer

Automatically voids the notarization

Answer

Requires the notary to be reported to the NC SOS

Answer

Can be corrected by the notary adding the date at a later time without the signer present