NC Notary Notarial Acts and Legal Considerations 4 — Questions and Answers
Question 1: A North Carolina notary is asked to notarize a document where the signer is communicating through a sign language interpreter. What is the notary's responsibility?
- Refuse the notarization because direct communication is required
- Proceed only if the interpreter is a licensed court interpreter
- Ensure the signer personally appears and understands the document, using the interpreter as a communication aid (Correct answer)
- Require a second notary to witness the notarization
Correct answer: Ensure the signer personally appears and understands the document, using the interpreter as a communication aid
A notary may use an interpreter to communicate with a signer, as long as the signer personally appears and demonstrates understanding of the document being signed.
Question 2: Under North Carolina law, which of the following documents CANNOT be notarized using remote online notarization (RON)?
- Real estate deeds
- Wills executed under N.C.G.S. Chapter 31 (Correct answer)
- Powers of attorney
- Loan closing documents
Correct answer: Wills executed under N.C.G.S. Chapter 31
North Carolina law expressly prohibits remote online notarization for wills governed by N.C.G.S. Chapter 31, which require traditional in-person witnesses and notarization.
Question 3: A notary discovers after completing a notarization that the document contained a false statement made by the signer. What is the notary's legal exposure?
- The notary is equally liable as the signer for the false statement
- The notary bears no liability if they properly identified the signer and performed the act correctly (Correct answer)
- The notary must report the false statement to the Secretary of State within 30 days
- The notary's commission is automatically revoked upon discovery
Correct answer: The notary bears no liability if they properly identified the signer and performed the act correctly
A notary who properly performed the notarial act and correctly identified the signer is not liable for false statements made by the signer in the document's content.
Question 4: What is the legal effect of a North Carolina notary affixing their seal to a document after their commission has expired?
- The notarization is voidable but remains effective until challenged
- The notarization is void and has no legal effect (Correct answer)
- The notarization is valid if the notary reapplies within 30 days
- The notarization is valid if the document was signed before the expiration
Correct answer: The notarization is void and has no legal effect
Notarizing after commission expiration renders the notarization void because the person lacks legal authority to perform notarial acts.
Question 5: A North Carolina notary is presented with a document in Spanish and is asked to certify a translation. What is the proper course of action?
- Notarize the translation only if the notary is fluent in Spanish
- Notarize the translator's oath that the translation is accurate to the best of their knowledge (Correct answer)
- Refuse because notaries cannot certify translations under any circumstances
- Require the document to be officially translated by a court-certified translator first
Correct answer: Notarize the translator's oath that the translation is accurate to the best of their knowledge
A notary can administer an oath to a translator who swears the translation is accurate, but the notary does not independently certify the translation's accuracy.
Question 6: Under the NC Notary Public Act, what must a notary do if they move to another state while their North Carolina commission is still active?
- The commission automatically converts to a multi-state commission
- The commission remains valid for 90 days to allow the notary to complete pending notarizations
- The commission is automatically vacated upon establishing residence outside North Carolina (Correct answer)
- The notary must notify the Secretary of State within 30 days to maintain the commission
Correct answer: The commission is automatically vacated upon establishing residence outside North Carolina
A North Carolina notary commission requires the notary to reside or work in North Carolina; moving out of state vacates the commission by operation of law.
Question 7: A notary is asked to perform a proof of execution where the subscribing witness did not see the principal sign the document. Can the notary proceed?
- Yes, if the subscribing witness personally knows the principal
- Yes, if two subscribing witnesses are present to corroborate
- No, because proof of execution requires the witness to have been present when the principal signed (Correct answer)
- No, because proof of execution is not a recognized notarial act in North Carolina
Correct answer: No, because proof of execution requires the witness to have been present when the principal signed
Proof of execution requires the subscribing witness to have personally witnessed the principal's signature, so the notary cannot proceed if that element is absent.
NC Notary Notarial Acts and Legal Considerations 4
A North Carolina notary is asked to notarize a document where the signer is communicating through a sign language interpreter.
What is the notary's responsibility?