Performing Notarial Acts Flashcards

Before performing a notarial act, a NC notary must ensure the principal:

Answer: Appears in person before the notary (for traditional notarizations)

For traditional NC notarizations, the principal must appear in person before the notary. This personal appearance is the foundation of the notarial act — the notary verifies the signer's identity and witnesses the acknowledgment or signing.

A NC notary is in the middle of performing a notarization when they realize the signer appears to be intoxicated. The notary should:

Answer: Stop and refuse the notarization until the signer is sober

A NC notary must refuse to notarize if the principal does not appear to understand the transaction or appears incapacitated. An intoxicated signer may not be able to understand what they are signing, which undermines the validity of the notarial act.

Under NC law, a notary administering an oath must require the affiant to:

Answer: Raise their right hand and verbally swear or affirm to the truthfulness of the statement

When administering an oath, the notary should have the affiant raise their right hand (traditional form) and verbally swear or affirm that the statements in the document are true. The verbal declaration is essential — a nod or head shake is insufficient.

A NC notary is presented with a document in English for a signer who only speaks Mandarin. The notary should:

Answer: Proceed if an interpreter is present to assist the signer understand the document

If an interpreter assists a non-English-speaking signer in understanding the document, the notary may proceed if satisfied the signer understands and is signing willingly. The notary must ensure the signer appears to understand what they are signing.

Under NCGS Chapter 10B, a notary who is asked to perform a notarial act but has personal knowledge that the signer's stated identity is false must:

Answer: Refuse to perform the notarization regardless of how genuine the ID appears

If a notary has personal knowledge that the signer is misrepresenting their identity — regardless of what the ID documents show — the notary must refuse to perform the notarization. Personal knowledge of fraud overrides any documentary evidence.

Under NCGS Chapter 10B, which of the following correctly describes the 'two-step' identity verification process for NC notarizations?

Answer: The notary may verify identity through either personal knowledge OR satisfactory documentary evidence

Under NCGS §10B-3, a notary may verify a signer's identity through one of two methods: (1) personal knowledge — the notary personally knows the signer, or (2) satisfactory evidence — a current government-issued photo ID. Both methods are acceptable alternatives, not requirements that must both be satisfied.