NC Notary - North Carolina Notary Performing Notarial Acts Questions and Answers 1 — Questions and Answers
Question 1: A signer brings you a document that has already been signed. For which notarial act is this permissible in North Carolina?
- Jurat
- Verification or Proof
- Acknowledgment (Correct answer)
- Oath or Affirmation
Correct answer: Acknowledgment
For an acknowledgment, the principal signer confirms that they willingly signed the document. The document can be signed before appearing before the notary, but the signer must appear in person to acknowledge their signature to the notary. For other acts like a jurat, the document must be signed in the notary's presence.
Question 2: Which of the following is a key requirement for a North Carolina notary when identifying a principal signer?
- The signer must present at least two forms of government-issued identification.
- The notary must have known the signer for a minimum of one year.
- The identification must be based on personal knowledge or satisfactory evidence. (Correct answer)
- A credible witness identifying the signer must be a family member.
Correct answer: The identification must be based on personal knowledge or satisfactory evidence.
North Carolina law requires a notary to identify a principal signer through either the notary's personal knowledge of the signer or through 'satisfactory evidence.' Satisfactory evidence is defined as a current government-issued ID with a photo and signature, or the oath of a credible witness who is personally known to the notary.
Question 3: A North Carolina notary is asked to notarize a document for their sibling. The document is a deed of trust in which the notary's sibling is the grantee. Which of the following actions should the notary take?
- Notarize the document but add a note about the relationship.
- Refuse to notarize the document due to a conflict of interest. (Correct answer)
- Proceed with the notarization as long as the sibling provides proper ID.
- Ask another notary in the office to perform the notarization as a witness.
Correct answer: Refuse to notarize the document due to a conflict of interest.
A North Carolina notary is disqualified from performing a notarial act if they are a party to or will benefit from the transaction. Since the notary's sibling is the grantee (beneficiary) of the deed, this creates a potential conflict of interest. To maintain impartiality, the notary must refuse to perform the notarization.
Question 4: When performing a jurat in North Carolina, what must the notary do in addition to identifying the signer?
- Advise the signer on the legal implications of the document.
- Make a certified copy of the signed document for the notary's records.
- Administer an oath or affirmation to the signer regarding the truthfulness of the document's contents. (Correct answer)
- Ensure the signer has read and understood every clause in the document.
Correct answer: Administer an oath or affirmation to the signer regarding the truthfulness of the document's contents.
A jurat is a notarial act where the signer swears or affirms that the contents of a document are true. Therefore, the notary must administer an oath or affirmation and witness the document being signed in their presence. The notary is certifying that the signer was sworn in before signing.
Question 5: Which of the following elements is NOT required to be included in a notarial certificate in North Carolina?
- The notary's official signature as it appears on their commission.
- The legible appearance of the notary's name.
- The address of the location where the notarization took place. (Correct answer)
- A clear and legible appearance of the notary's stamp or seal.
Correct answer: The address of the location where the notarization took place.
According to North Carolina General Statute § 10B-20(b), a notarial act must be attested by the notary's signature, the legible appearance of the notary's name, the notary's seal/stamp, and the commission expiration date. The physical address of the notarization is not a required element of the certificate itself, although the county is required.
Question 6: A person asks a North Carolina notary to certify a true copy of their birth certificate. How should the notary respond?
- Make a photocopy, stamp it, and sign as a true copy.
- Refuse to certify the copy, as notaries are prohibited from doing so. (Correct answer)
- Advise the person to sign a statement attesting to the copy's truthfulness, then notarize that statement.
- Direct the person to the Register of Deeds office where the notary can then certify the copy.
Correct answer: Refuse to certify the copy, as notaries are prohibited from doing so.
North Carolina notaries are explicitly prohibited from certifying copies of documents, especially vital records like birth certificates. The proper authority to issue certified copies of a birth certificate is the Register of Deeds or Vital Records office. A notary can, however, notarize a signer's signature on a statement where the signer attests that the copy is true, but they cannot certify the copy itself.
NC Notary - North Carolina Notary Performing Notarial Acts Questions and Answers 1
A signer brings you a document that has already been signed.
For which notarial act is this permissible in North Carolina?