NC Notary Performing Notarial Acts 4 — Questions and Answers
Question 1: 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
- Proceed if the notary can otherwise confirm identity and willingness (Correct answer)
- Require an interpreter to translate written notes verbally
- Postpone the notarization until the signer can speak
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 2: Under North Carolina law, which of the following is a valid form of identification a notary may accept from a signer?
- An expired passport with a matching credit card
- A current U.S. military ID card (Correct answer)
- A library card with a photo
- A birth certificate alone
Correct answer: A current U.S. military ID card
A current U.S. military ID is an acceptable government-issued photo ID under NC notary law.
Question 3: A notary in North Carolina is asked to certify a copy of a birth certificate issued by the state vital records office. What should the notary do?
- Certify the copy because birth certificates are public records
- Refuse because NC notaries cannot certify copies of vital records (Correct answer)
- Certify the copy only if the original is also present
- Certify only a certified copy of the birth certificate
Correct answer: Refuse because NC notaries cannot certify copies of vital records
NC notaries may not certify copies of vital records such as birth certificates; only the issuing agency can issue certified copies.
Question 4: A notary performs a jurat on a document. Which element is REQUIRED as part of this notarial act?
- The signer must acknowledge the document was signed voluntarily
- The signer must swear or affirm the truthfulness of the document's contents (Correct answer)
- The notary must read the entire document aloud
- The signer must provide two forms of identification
Correct answer: The signer must swear or affirm the truthfulness of the document's contents
A jurat requires the signer to swear or affirm before the notary that the statements in the document are true.
Question 5: How long must a North Carolina notary retain their notary journal if they choose to keep one?
- 1 year after the last entry
- 3 years 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 6: A North Carolina notary is asked to perform a notarial act for a document written entirely in Spanish, which the notary cannot read. What should the notary do?
- Refuse to notarize because the notary must understand the document
- Proceed if the notary can identify the signer and complete the English certificate (Correct answer)
- Require a certified translation before proceeding
- Notarize only the English portions of the document
Correct answer: Proceed if the notary can identify the signer and complete the English certificate
A notary is not required to read or understand the document's language; the notarial certificate is completed in English and focuses on the act, not the document's content.
Question 7: A principal signs a power of attorney and wants a North Carolina notary to notarize it, but the principal is the notary's employer. What applies?
- The notary may proceed because employment is not a disqualifying relationship
- The notary must refuse because notarizing for an employer is prohibited
- The notary may proceed only if no financial benefit is received from the document (Correct answer)
- The notary may proceed only with a second notary as a witness
Correct answer: The notary may proceed only if no financial benefit is received from the document
NC law prohibits notarizing when the notary has a direct financial or beneficial interest in the transaction, but employment alone is not disqualifying unless the notary benefits from the document itself.
NC Notary Performing Notarial Acts 4
A signer appears before a North Carolina notary but refuses to speak, communicating only through written notes.
What must the notary do?