NC Notary Liability and Disciplinary Actions 4 — Questions and Answers
Question 1: A North Carolina notary who notarizes a document without the signer being physically present may face which consequence?
- A written warning from the Register of Deeds
- Revocation of their notary commission (Correct answer)
- A mandatory retraining course only
- No consequence if the document is otherwise valid
Correct answer: Revocation of their notary commission
Notarizing without the signer's physical presence is a serious violation that can result in commission revocation by the Secretary of State.
Question 2: Under North Carolina law, a notary who knowingly notarizes a forged signature can be held liable for which of the following?
- Civil damages only
- Criminal charges only
- Both civil damages and criminal charges (Correct answer)
- Neither, because the notary is not the signer
Correct answer: Both civil damages and criminal charges
A notary who knowingly notarizes a forged signature can face both civil liability for resulting damages and criminal prosecution for fraud or aiding forgery.
Question 3: Which state official has the authority to revoke a North Carolina notary's commission?
- The Governor
- The Attorney General
- The Secretary of State (Correct answer)
- The local Register of Deeds
Correct answer: The Secretary of State
The North Carolina Secretary of State has the authority to suspend or revoke a notary's commission for misconduct or violations.
Question 4: A notary's surety bond in North Carolina primarily protects whom?
- The notary from personal lawsuits
- Members of the public harmed by the notary's misconduct (Correct answer)
- The employer of the notary
- The Secretary of State's office
Correct answer: Members of the public harmed by the notary's misconduct
The surety bond is designed to compensate members of the public who suffer financial harm due to the notary's negligent or improper acts.
Question 5: A notary in North Carolina loses their job but still has a valid commission. What happens to their notary authority?
- It is automatically suspended until they find new employment
- It remains valid for the remainder of the commission term (Correct answer)
- It must be surrendered to the former employer
- It immediately terminates upon job loss
Correct answer: It remains valid for the remainder of the commission term
A notary commission in North Carolina belongs to the individual, not the employer, so it remains valid even after employment ends.
Question 6: Which of the following actions by a notary could result in a criminal charge of false certification in North Carolina?
- Charging a fee above the statutory maximum
- Certifying that a signer appeared and acknowledged a signature when they did not (Correct answer)
- Failing to record the notarization in a journal
- Using an expired commission seal
Correct answer: Certifying that a signer appeared and acknowledged a signature when they did not
Falsely certifying that someone appeared before the notary when they did not constitutes false certification, which is a criminal offense in North Carolina.
Question 7: If a notary is convicted of a felony in North Carolina, what is the effect on their commission?
- The commission is automatically revoked by operation of law (Correct answer)
- The Secretary of State must hold a hearing before any action is taken
- The commission is suspended for 90 days pending appeal
- The commission continues unless the felony involved fraud
Correct answer: The commission is automatically revoked by operation of law
Under North Carolina law, a felony conviction results in automatic disqualification and revocation of the notary commission.
NC Notary Liability and Disciplinary Actions 4
A North Carolina notary who notarizes a document without the signer being physically present may face which consequence?