NC Notary Liability and Disciplinary Actions 5

Question 1

A notary in North Carolina charges $15 for a single notarial act. What is the consequence?

Accepted Answer

The notary may be charged with overcharging, a disciplinary violation

Answer

North Carolina law caps notary fees at $10 per notarial act, and charging above this limit is a disciplinary violation subject to sanctions.

Question 2

Under what circumstances may a North Carolina notary face liability even when acting in good faith?

Accepted Answer

When the notary fails to follow required statutory procedures, causing harm

Answer

Good faith does not shield a notary from liability if they fail to follow required procedures and that failure causes harm to a party.

Question 3

A notary receives a complaint filed with the Secretary of State's office. What is the first step in the disciplinary process?

Accepted Answer

An investigation to determine if the complaint has merit

Answer

Upon receiving a complaint, the Secretary of State's office conducts an investigation before taking any formal disciplinary action.

Question 4

Which of the following is NOT a recognized disciplinary action the Secretary of State can take against a North Carolina notary?

Accepted Answer

Imposing a jail sentence directly

Answer

The Secretary of State can reprimand, suspend, or revoke a commission, but imposing a jail sentence requires criminal prosecution through the courts.

Question 5

A notary's employer pressures the notary to backdate a notarization. If the notary complies, who bears liability?

Accepted Answer

Both the notary and the employer may be held liable

Answer

Both the notary who performed the improper act and the employer who directed it may face civil and criminal liability for the fraudulent backdating.

NC Notary - North Carolina Notary Exam Practice Test