Prohibited Acts and Misconduct 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 Prohibited Acts and Misconduct flashcards as text
A NC notary backdates a notarial certificate to make it appear a document was notarized before a filing deadline that has already passed. Under NC law, this is:
Answer: A Class I felony and grounds for immediate commission revocation
Backdating a notarial certificate — knowingly stating a false date — is a Class I felony under NCGS §10B-60(i) and is grounds for commission revocation. It is fraud regardless of any agreement between the notary and signer.
Under NCGS Chapter 10B, which is true about a NC notary who witnesses a signing without verifying the signer's identity?
Answer: The notarization is defective because identity verification is a required element of every notarial act
Identity verification is a required element of every notarial act in NC. Performing any notarization without verifying the signer's identity — by personal knowledge or satisfactory evidence — renders the notarization defective and violates Chapter 10B.
Under NC law, a notary who prepares a document for a signer and then notarizes their own work is potentially:
Answer: Violating the prohibition on notarizing documents in which the notary has an interest or conflict
A notary who prepares a document for consideration and then notarizes it may have a financial interest in the transaction (the document preparation fee creates a stake in the document's validity). This creates a potential conflict that could violate the impartiality requirement.
Under NCGS §10B-60, a NC notary who knowingly certifies a photocopy of a vital record (birth certificate) as a true copy is committing:
Answer: A prohibited act that is grounds for commission revocation and potentially a criminal act
NC notaries are prohibited from certifying copies of vital records. Knowingly certifying a copy of a birth certificate as a true copy violates NCGS §10B-40 and §10B-60, is grounds for commission revocation, and could constitute fraud.
Under NC law, a notary who is also a real estate agent may notarize documents in a real estate transaction in which the notary is the listing or selling agent because:
Answer: This is generally prohibited because the notary-agent has a direct financial interest in the transaction (the commission)
A real estate agent who is also a notary has a direct financial interest in any transaction they are representing (their real estate commission). Under NCGS §10B-20(b), they should not notarize documents in that transaction.
A NC notary is asked to notarize a document and suspects it may be fraudulent but cannot be certain. The best course of action is to:
Answer: Decline to notarize and suggest the signer consult an attorney to address any concerns about the document
A notary who suspects fraud or illegality should decline the notarization and suggest the signer consult an attorney. The notary is not required to prove fraud — reasonable suspicion is sufficient grounds for refusal.