NC Notary Notarial Certificates 5 — Questions and Answers
Question 1: A North Carolina notary completes a verification certificate for a signature on a deposition. Which certificate type is most appropriate?
- Acknowledgment
- Jurat (Correct answer)
- Copy certification
- Signature witnessing
Correct answer: Jurat
A jurat is used when the signer must swear or affirm that the contents of the document are true, which is the standard requirement for depositions and affidavits.
Question 2: In NC, if a principal signer is physically unable to sign a document, who may sign on their behalf during the notarization process?
- The notary may sign for the principal as a courtesy
- Another person designated by the principal may sign in the principal's presence and at their direction (Correct answer)
- Any adult witness present in the room may sign
- Only an attorney licensed in NC may sign on the principal's behalf
Correct answer: Another person designated by the principal may sign in the principal's presence and at their direction
NC law permits another person to sign at the direction and in the presence of a principal who is physically unable to sign, and the notarial certificate should reflect this circumstance.
Question 3: What is the consequence in North Carolina if a notarial certificate is attached to the wrong document after the notary has signed and sealed it?
- The certificate remains valid because the notary's seal is affixed
- The notarization is potentially fraudulent and void; the notary may face civil and criminal liability (Correct answer)
- The document is still legally binding as long as the signer consents
- The error can be cured by the register of deeds upon recording
Correct answer: The notarization is potentially fraudulent and void; the notary may face civil and criminal liability
Attaching a signed certificate to a different document than was notarized constitutes a fraudulent notarization, exposing the notary to civil liability and potential criminal charges.
Question 4: Which of the following best describes the 'testimonium clause' sometimes found at the end of a North Carolina notarial certificate?
- A statement that the notary has verified the document's contents are accurate
- A closing phrase such as 'IN WITNESS WHEREOF' followed by the notary's signature and seal (Correct answer)
- A declaration that the notary is bonded and insured
- A list of witnesses who observed the notarization
Correct answer: A closing phrase such as 'IN WITNESS WHEREOF' followed by the notary's signature and seal
The testimonium clause is the formal closing language of a certificate — typically 'In witness whereof I have hereunto set my hand and seal' — preceding the notary's signature block.
Question 5: A North Carolina notary is presented with a multi-page document with a notarial certificate on the last page. The signer asks if each page needs to be initialed. What is the correct guidance?
- NC law requires notaries to initial every page of all notarized documents
- Initialing each page is not required by NC law but is a best practice to deter page substitution (Correct answer)
- Only the first and last pages require initials under NC law
- The notary must refuse if the signer will not initial every page
Correct answer: Initialing each page is not required by NC law but is a best practice to deter page substitution
NC law does not mandate initialing every page, but it is widely recommended as a best practice to prevent fraudulent page substitutions after notarization.
Question 6: Under North Carolina law, a notary must complete the notarial certificate at the time of the notarization. What risk does a notary face by signing a blank certificate for a principal to complete later?
- The notary's commission may be suspended for one year
- The blank certificate could be attached to any document, creating a fraudulent notarization (Correct answer)
- The notary must pay a $100 fine per blank certificate issued
- The risk is minimal as long as the notary trusts the principal
Correct answer: The blank certificate could be attached to any document, creating a fraudulent notarization
Signing a blank certificate is a serious violation because it can be fraudulently attached to any document, and the notary bears legal responsibility for the resulting harm.
Question 7: When a North Carolina notary performs a copy certification, what specific language should the certificate convey?
- That the original document is authentic and legally valid
- That the copy is a true, exact, and complete reproduction of the original document presented to the notary (Correct answer)
- That the notary personally created the copy on official equipment
- That no other copies of the document exist
Correct answer: That the copy is a true, exact, and complete reproduction of the original document presented to the notary
A copy certification certificate states that the notary compared the copy to the original and that the copy is true, exact, and complete — it makes no claim about the original's validity or uniqueness.
NC Notary Notarial Certificates 5
A North Carolina notary completes a verification certificate for a signature on a deposition.
Which certificate type is most appropriate?