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Liability and Disciplinary Actions Flashcards

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

    Answer: Knowingly performing a notarization with a false statement in the certificate

    Under NCGS §10B-60(i), knowingly making a false statement in a notarial certificate is a Class I felony in North Carolina. This is one of the most serious violations in Chapter 10B.

  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:

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

    Under NC law, a notary can be found liable for negligence if they failed to exercise reasonable care in verifying the signer's identity and this failure caused the plaintiff's loss. The standard is reasonable care, not perfection.

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

    Answer: Suspension, revocation of commission, or reprimand

    Under NCGS §10B-60, the NC Secretary of State may administratively suspend a notary's commission, revoke the commission, or issue a written reprimand. These are the administrative remedies available to the SOS.

  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:

    Answer: The NC Superior Court through the Administrative Procedures Act

    Under NCGS §10B-60, a notary whose commission is revoked may appeal the decision through the NC Office of Administrative Hearings and ultimately the NC Superior Court under the Administrative Procedures Act (APA).

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

    Answer: Commission revocation and potential criminal liability

    Performing a notarization for a person known to be under duress is a serious violation. Under NCGS §10B-60, the NC SOS may revoke the commission. Additionally, depending on circumstances, the notary could face criminal liability for facilitating fraud or coercion.

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

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

    Under NCGS §10B-68, a notarization that substantially complies with the requirements of Chapter 10B is not void solely due to a technical irregularity. A missing date may be a curable defect if other certificate elements make clear when the act occurred.