North Carolina Notary Public Exam โ Questions and Answers
Question 1: What is the maximum fee a North Carolina notary may charge for performing a single notarial act under NCGS Chapter 10B?
- $25
- $5
- $10 (Correct answer)
- $15
Correct answer: $10
NCGS 10B-31 caps the fee for each notarial act at $10. Notaries may charge less or waive the fee entirely, but may not exceed this statutory maximum.
Question 2: A North Carolina notary discovers after completing a notarization that the signer used a fake ID. What is the notary's liability?
- The notary is automatically criminally liable for the fraud
- The notary must pay a $10,000 fine regardless of fault
- The notary has no liability if they exercised reasonable care in reviewing the ID (Correct answer)
- The notary's commission is automatically revoked
Correct answer: The notary has no liability if they exercised reasonable care in reviewing the ID
Under NC law, a notary who exercises reasonable care in verifying a signer's identity is not liable for fraud perpetrated by the signer using a fake ID. The notary must use reasonable diligence, but is not an infallible fraud detector.
Question 3: A NC notary who has a direct financial interest in a transaction is:
- Permitted to notarize after disclosing the interest to the signer
- Required to charge double the normal fee as a conflict disclosure
- Allowed to notarize only if a second notary co-signs the certificate
- Disqualified from performing any notarial act related to that transaction (Correct answer)
Correct answer: Disqualified from performing any notarial act related to that transaction
NC law disqualifies a notary who has a direct financial interest in the underlying transaction from notarizing related documents.
Question 4: Under NC law, which of the following is acceptable evidence of a signer's identity for purposes of notarization?
- A birth certificate presented alone without other ID
- A valid passport issued by a foreign government with a photograph (Correct answer)
- A library card bearing the signer's photo
- A utility bill showing the signer's name and address
Correct answer: A valid passport issued by a foreign government with a photograph
G.S. 10B-3 defines satisfactory evidence of identity to include current passports issued by any government, provided they bear a photo and signature.
Question 5: 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:
- The notary's commission had been renewed less than 6 months earlier
- The notary charged more than $5 for the notarization
- The notary failed to exercise reasonable care in the identity verification process (Correct answer)
- The signer can prove the document was fraudulent
Correct 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.
Question 6: A notary has known a neighbor for over 15 years, having interacted with them at community events and social gatherings regularly. The neighbor needs a document notarized but forgot their wallet. How should the notary proceed?
- Refuse the notarization until the neighbor can present a valid government-issued photo ID.
- Accept a recently expired driver's license since the notary knows the person well.
- Identify the signer based on 'personal knowledge' and document this method in the notary journal. (Correct answer)
- Identify the signer using a credible witness who is also present.
Correct answer: Identify the signer based on 'personal knowledge' and document this method in the notary journal.
North Carolina law permits a notary to identify a signer through 'personal knowledge,' which is defined as familiarity with an individual resulting from interactions over time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. Given the long-standing relationship, this is a valid method of identification.
Question 7: A North Carolina notary who changes their county of residence must:
- Do nothing โ the commission is statewide and no update is required
- Cease performing notarial acts until a new commission is issued
- Notify the NC SOS within 30 days and re-file an oath and bond in the new county (Correct answer)
- Apply for a new commission immediately
Correct answer: Notify the NC SOS within 30 days and re-file an oath and bond in the new county
When a NC notary moves to a different county, they must notify the NC SOS within 30 days of the move and file a new oath and bond in their new county of residence. The existing commission remains valid throughout NC.
Question 8: Which scenario best illustrates a signer who is NOT willingly signing a document, a condition the notary must assess during vetting?
- The signer signs with a mark instead of a full signature
- The signer pauses to re-read each page before signing
- A third party answers questions directed at the signer and physically guides the signer's hand (Correct answer)
- The signer requests a brief break before completing the signing
Correct answer: A third party answers questions directed at the signer and physically guides the signer's hand
A third party controlling the interaction and physically directing the signer's hand is a strong indicator of duress or incompetency that the notary must not ignore.
Question 9: Under NC law, a signer with a legal name change presents an old ID with their former name. The document to be notarized uses their new legal name. The notary should:
- Ask for proof of the name change (e.g., marriage certificate, court order) to bridge the gap between the old ID and the new name (Correct answer)
- Refuse to notarize until the signer has an ID in their new legal name
- Proceed since the photo matches regardless of the name discrepancy
- Ask the signer to sign using their old name to match the ID
Correct answer: Ask for proof of the name change (e.g., marriage certificate, court order) to bridge the gap between the old ID and the new name
When a signer's ID name differs from their document name due to a legal name change, the notary may ask for supporting documentation (marriage certificate, court order) to establish the connection between the names. Once satisfied, the notary may proceed.
Question 10: Under NCGS Chapter 10B, an electronic notary in NC must maintain an electronic journal for how long after the last entry?
- 5 years (Correct answer)
- 1 year
- 10 years
- 3 years
Correct answer: 5 years
Under NCGS ยง10B-130, an electronic notary must retain their electronic journal for at least 5 years after the last entry. This journal is a required record for all electronic and remote notarial acts.
Question 11: A NC notary's employer is a bank that has a policy prohibiting employees from charging notary fees to bank customers. The notary's brother comes in and asks for a notarization. What is the correct approach?
- The notary must refuse to notarize because the no-fee policy creates a conflict
- The notary must follow the employer's no-fee policy regardless of who the customer is (Correct answer)
- The employer's policy is unenforceable; the notary may always charge the statutory maximum
- The notary may charge the brother privately since he is not a bank customer
Correct answer: The notary must follow the employer's no-fee policy regardless of who the customer is
An employer may lawfully restrict or prohibit a notary employee from charging fees, and the notary must comply with that workplace policy.
Question 12: In which situation would a verification or proof be the appropriate notarial act in North Carolina?
- When the principal has died or is otherwise unable to personally appear before a notary (Correct answer)
- When a document requires two independent notaries to confirm authenticity
- When the notary cannot verify the signer's identity from acceptable identification
- When a signer wants additional legal protection beyond a standard acknowledgment
Correct answer: When the principal has died or is otherwise unable to personally appear before a notary
A verification or proof is designed for cases where the principal cannot appear โ such as death, incapacitation, or unavailability. The subscribing witness who saw the original signing appears in the principal's place to prove the signature.
Question 13: Under NC law, which type of notary is REQUIRED to maintain a journal of notarial acts?
- Only notaries who work for government agencies
- All NC notaries must maintain a journal
- Only electronic notaries are required to maintain a journal under NCGS Chapter 10B (Correct answer)
- Only notaries who perform more than 50 notarizations per month
Correct answer: Only electronic notaries are required to maintain a journal under NCGS Chapter 10B
Under NCGS ยง10B-130, electronic notaries are required to maintain an electronic journal. Traditional notaries are not required by statute to maintain a journal, though it is strongly recommended as best practice.
Question 14: Under North Carolina law, when a commissioned notary legally changes their name, they must notify the Secretary of State within:
- 10 days
- 30 days (Correct answer)
- 90 days
- 60 days
Correct answer: 30 days
A NC notary must notify the Secretary of State within 30 days of a legal name change and must obtain a new notary seal reflecting the new name before performing further notarial acts.
Question 15: When a North Carolina notary corrects a clerical error in a notarial certificate after signing it, what is the proper procedure?
- Obliterate the error with correction fluid and initial the change
- Issue an entirely new certificate, attach it, and re-sign
- Cross out the error, write the correction, initial and date the change (Correct answer)
- Submit the document to the Secretary of State for amendment
Correct answer: Cross out the error, write the correction, initial and date the change
Minor clerical corrections to a certificate should be made by crossing out the error, writing the correct information, and initialing and dating the change โ no correction fluid.
Question 16: Which of the following best describes the 'satisfactory evidence of identity' standard a North Carolina notary must apply when a signer lacks government-issued photo ID?
- Any two adults who know the signer may vouch for their identity without restriction
- A credible witness personally known to both the notary and the signer may vouch, or one credible witness known to the notary who presents ID (Correct answer)
- Only a law enforcement officer may vouch for identity without photo ID
- The signer must provide a sworn written statement of their identity instead
Correct answer: A credible witness personally known to both the notary and the signer may vouch, or one credible witness known to the notary who presents ID
North Carolina follows the credible witness rule: one witness known to the notary who provides ID, or two witnesses known to both notary and signer, can substitute for personal identification documents.
Question 17: A signer appears before a North Carolina notary but refuses to speak, communicating only through written notes. What must the notary do?
- Refuse to notarize because verbal communication is required
- Postpone the notarization until the signer can speak
- Proceed if the notary can otherwise confirm identity and willingness (Correct answer)
- Require an interpreter to translate written notes verbally
Correct answer: Proceed if the notary can otherwise confirm identity and willingness
NC law does not require verbal communication; a notary may proceed if identity is confirmed and the signer appears willing and aware.
Question 18: Which of the following notarial acts is a notary public in North Carolina NOT authorized to perform?
- Certifying a copy of a vital record (Correct answer)
- Witnessing a signature
- Administering an oath
- Taking an acknowledgment
Correct answer: Certifying a copy of a vital record
Notaries cannot certify copies of vital records such as birth, death, or marriage certificates โ only the issuing government agency may do so.
Question 19: A NC notary performs a notarization for a person they know to be their employer's key business competitor. The notary's employer instructs them to refuse future requests from that company. Under NC law:
- The notary may follow the employer's instruction and refuse based on employer-client policies
- The notary may refuse at their discretion since they are an at-will employee
- The employer's instruction is an acceptable business restriction on notarial services
- The notary cannot refuse based on the employer's business preferences โ refusal must be based on lawful grounds (Correct answer)
Correct answer: The notary cannot refuse based on the employer's business preferences โ refusal must be based on lawful grounds
Under NC law, a notary may not refuse to notarize based on the signer's identity, business affiliation, or an employer's competitive preferences. Refusals must be based on lawful grounds (inability to verify identity, coercion, conflict of interest, etc.).
Question 20: Under NCGS Chapter 10B, a NC notary may NOT claim to be which of the following on their business cards or advertisements?
- A 'commissioned notary public' in North Carolina
- An 'immigration consultant' or 'immigration specialist' based solely on their notary commission (Correct answer)
- A 'professional notary' offering mobile notary services
- A 'certified document authenticator' who charges for notarizations
Correct answer: An 'immigration consultant' or 'immigration specialist' based solely on their notary commission
Under NCGS ยง10B-60 and ยง10B-99.2, it is prohibited for NC notaries to advertise or represent themselves as immigration consultants or provide immigration assistance beyond notarial acts, as this constitutes unauthorized practice of law and can harm vulnerable immigrants.
Question 21: A North Carolina notary's official seal is damaged mid-year. What must the notary do?
- Continue using the damaged seal until renewal
- Notify the Register of Deeds and continue notarizing without a seal
- Stop notarizing immediately and obtain a replacement seal (Correct answer)
- Use a rubber stamp substitute until the seal is replaced
Correct answer: Stop notarizing immediately and obtain a replacement seal
A notary must cease performing notarial acts when their official seal is damaged or unusable until a replacement is obtained.
Question 22: Which statement about electronic notarization in North Carolina is correct?
- Electronic seals are optional for electronic notarizations
- Any commissioned notary may perform electronic notarizations without extra steps
- Electronic notarization requires a separate authorization from the Secretary of State (Correct answer)
- Electronic notarization is completely prohibited in NC
Correct answer: Electronic notarization requires a separate authorization from the Secretary of State
NC notaries must obtain separate authorization from the Secretary of State before performing electronic notarizations.
Question 23: How long must a North Carolina notary retain their notary journal if they choose to keep one?
- 3 years after the last entry
- 1 year after the last entry
- 5 years after the last entry (Correct answer)
- 10 years after the last entry
Correct answer: 5 years after the last entry
NC notaries who maintain a journal must keep it for at least 5 years after the last notarial act recorded.
Question 24: A signer presents a valid U.S. military dependent ID card. Should an NC notary accept this for identification?
- No, only IDs belonging to the signer personally are acceptable
- No, dependent IDs are not government-issued documents
- Yes, if it contains a photo and is issued by the U.S. Department of Defense (Correct answer)
- Yes, but only for signers on military installations
Correct answer: Yes, if it contains a photo and is issued by the U.S. Department of Defense
A U.S. military dependent ID issued by the DoD with a photo qualifies as a government-issued photo ID under NC notary requirements.
Question 25: When vetting a signer, a North Carolina notary must ensure the signer is acting of their own free will. Which scenario BEST demonstrates a notary's diligence in this duty?
- The notary privately asks the signer, 'Are you signing this document willingly and without being pressured?' (Correct answer)
- The notary asks the signer's spouse, who is in the room, if the signer understands the document.
- The notary proceeds with the notarization because the signer appears calm and doesn't say anything.
- The notary only verifies the signer's ID and is not responsible for assessing their willingness.
Correct answer: The notary privately asks the signer, 'Are you signing this document willingly and without being pressured?'
A core duty of a notary is to ensure the signer is acting willingly and understands what they are signing. The best practice is to ask direct, simple questions to the signer in private to screen for duress or coercion. Relying on others or making assumptions is not sufficient.
Question 26: Under NCGS Chapter 10B, which of the following would most likely result in criminal charges against a NC notary?
- Notarizing a document where the notary forgot to add their commission expiration date
- Notarizing a document while knowing the signer's signature was forged (Correct answer)
- Charging $12 per notarial act instead of $10
- Forgetting to update the NC SOS of a name change within 45 days
Correct answer: Notarizing a document while knowing the signer's signature was forged
Knowingly notarizing a forged signature constitutes fraud under NCGS ยง10B-60 and could result in felony charges. The other options are violations but would more likely result in civil penalties or commission disciplinary action.
Question 27: When a North Carolina notary performs a jurat, which element distinguishes it from an acknowledgment?
- The signer must be personally known to the notary
- The notary must attach a certificate of authority from the Secretary of State
- The document must be recorded in a county register of deeds
- The signer must sign in the notary's presence and take an oath or affirmation (Correct answer)
Correct answer: The signer must sign in the notary's presence and take an oath or affirmation
A jurat requires the signer to execute the document in the notary's presence and swear or affirm to the truth of its contents, unlike an acknowledgment which only requires the signer to confirm they signed voluntarily.
Question 28: What happens to a North Carolina notary commission if the notary is convicted of a felony after being commissioned?
- The commission is immediately suspended or revoked (Correct answer)
- Nothing happens unless the Secretary of State files a complaint
- The notary must retake the education course
- The commission continues until it naturally expires
Correct answer: The commission is immediately suspended or revoked
A felony conviction after commissioning is grounds for immediate suspension or revocation of the notary's commission by the Secretary of State.
Question 29: 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:
- Proceed with the notarization since suspicion alone is not enough to refuse
- Decline to notarize and suggest the signer consult an attorney to address any concerns about the document (Correct answer)
- Ask the signer if they are engaging in fraud and proceed if they deny it
- Call the NC SOS before every notarization where fraud is suspected
Correct 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 โ reasonable suspicion is sufficient grounds for refusal.
Question 30: A signer brings you a document that has already been signed. For which notarial act is this permissible in North Carolina?
- Jurat
- Acknowledgment (Correct answer)
- Oath or Affirmation
- Verification or Proof
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 31: A NC notary who willfully performs a notarial act without the principal being physically present (absent an authorized remote procedure) may be charged with:
- A Class H felony
- A civil infraction with no criminal exposure
- A Class A1 misdemeanor
- A Class 1 misdemeanor (Correct answer)
Correct answer: A Class 1 misdemeanor
G.S. 10B-60(b) makes it a Class 1 misdemeanor for a notary to willfully perform a notarial act when the principal is not present.
Question 32: Which entity has the authority to revoke a North Carolina notary's commission?
- The local sheriff's department
- The NC Bar Association
- The NC Secretary of State (Correct answer)
- The county register of deeds where the notary is registered
Correct answer: The NC Secretary of State
The NC Secretary of State has the authority to deny, suspend, or revoke a notary commission for cause.
North Carolina Notary Public Exam
The NC Notary Public exam tests knowledge of North Carolina notarial laws, proper notarial acts, signer identification, and ethical responsibilities required to become a commissioned notary.
Exam Rules
- You can skip questions and return to them later
- Flag questions for review before submitting
- No feedback shown until you submit the entire exam
- Unanswered questions count as wrong โ answer everything
- 10 pretest questions are mixed in and don't affect your score
- Timer auto-submits when time runs out
- Your progress is auto-saved every 30 seconds