Performing Notarial Acts Flashcards
6 cards from real NC NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Performing Notarial Acts flashcards as text
A NC notary is asked to notarize the signature of a person who is blind. The notary should:
Answer: Proceed after reading the document to the signer and confirming they understand and agree to its contents
Blindness does not disqualify a person from signing legal documents. A notary should read the relevant portions of the document to a blind signer to ensure they understand what they are signing, then proceed with the notarization if the signer demonstrates understanding and willingness.
A NC notary is performing a notarization at a hospital bedside. The signer appears ill but coherent. The notary should:
Answer: Evaluate the signer's mental capacity at the time — if the signer is coherent and understands the document, proceed
Location (hospital, home, office) does not affect the validity of a notarization. The critical inquiry is whether the signer has the mental capacity to understand the document and is signing willingly. If the signer is coherent and demonstrates understanding, the notarization may proceed.
Under NC law, a notary who performs a notarization and then destroys the notarial record to hide evidence of misconduct could face which charge?
Answer: Obstruction of justice and potentially a felony for destruction of official records
Destroying official records to conceal misconduct is obstruction of justice — a serious criminal offense. Additionally, if the records are official notarial records, destroying them could constitute additional criminal violations under NC law.
A NC notary is asked to notarize a power of attorney that will grant the signer's son broad authority over the signer's finances. The signer is elderly and the son is present during the notarization. The notary should:
Answer: Ask to speak privately with the signer to verify they are signing willingly and without coercion
When a potential beneficiary is present during a notarization, the notary should take steps to verify the signer is acting voluntarily — ideally by speaking privately with the signer. This is especially important for powers of attorney involving elderly signers.
Under NCGS Chapter 10B, when performing an oath for a deposition, the notary must ensure:
Answer: The deponent swears or affirms to tell the truth before giving testimony
When administering an oath for a deposition, the notary must formally administer the oath or affirmation — the deponent swears or affirms to tell the truth, the whole truth, and nothing but the truth. This formal oath creates the legal obligation and perjury exposure.
Under NC law, a document is presented to a notary for notarization, but the signer's name in the document's signature block does not exactly match their government ID. The notary should:
Answer: Use their judgment — minor variations (middle name omitted, initials used) may be acceptable if identity is otherwise established
Minor name variations between documents and IDs are common. A notary must use judgment — if the overall evidence clearly establishes the person's identity, minor discrepancies (a middle name omitted, a suffix dropped) may be acceptable. Substantial differences require caution.