NC Notary Performing Notarial Acts 5 — Questions and Answers
Question 1: A signer asks a North Carolina notary to notarize a document that will be used in a foreign country. What additional step may be required?
- The notary must translate the notarial certificate into the foreign language
- The document may need an apostille or authentication after notarization (Correct answer)
- The notary must obtain approval from the NC Secretary of State before notarizing
- The notary must use a special international notarial seal
Correct answer: The document may need an apostille or authentication after notarization
Documents used abroad may require an apostille or authentication issued by the NC Secretary of State after the notarization is complete.
Question 2: Which of the following scenarios requires a notary in North Carolina to perform an oath or affirmation rather than an acknowledgment?
- A deed transferring real property between family members
- An affidavit submitted as sworn testimony in a legal proceeding (Correct answer)
- A financial power of attorney for banking transactions
- A vehicle title transfer at the DMV
Correct answer: An affidavit submitted as sworn testimony in a legal proceeding
An affidavit requires the signer to swear or affirm the truthfulness of statements, which is accomplished through an oath or affirmation (jurat), not an acknowledgment.
Question 3: A North Carolina notary discovers after completing a notarization that the signer used a nickname instead of their full legal name on the document. What is the best course of action?
- Strike through the notarization and start over with a new certificate
- Do nothing because nicknames are legally acceptable on all documents
- Advise the signer that the document may not be legally effective and suggest correction (Correct answer)
- Add the full legal name above the nickname on the certificate
Correct answer: Advise the signer that the document may not be legally effective and suggest correction
The notary should advise the signer that a discrepancy in name may affect the document's legal effectiveness and recommend correcting the document.
Question 4: Under NC law, what must a notary do if a credible identifying witness vouches for a signer who lacks acceptable ID?
- Require the witness to also sign the document being notarized
- Administer an oath to the witness and verify the witness's own identity (Correct answer)
- Accept the vouching witness's word without any further verification
- Require two credible witnesses whenever ID is unavailable
Correct answer: Administer an oath to the witness and verify the witness's own identity
When a credible witness vouches for a signer, the notary must verify the witness's identity and administer an oath to the witness.
Question 5: A North Carolina notary is presented with a document that already has a pre-printed notarial certificate at the bottom. What should the notary do?
- Always use the pre-printed certificate as long as it contains the required elements
- Review the certificate to ensure it matches the notarial act being performed (Correct answer)
- Cross out the pre-printed certificate and attach a separate loose certificate
- Refuse to use any pre-printed certificate form
Correct answer: Review the certificate to ensure it matches the notarial act being performed
The notary should review the pre-printed certificate to confirm it accurately reflects the type of notarial act being performed before using it.
Question 6: What is the maximum fee a North Carolina notary may charge per notarial act as set by state law?
- $5
- $10 (Correct answer)
- $15
- $25
Correct answer: $10
North Carolina law caps the fee for each notarial act at $10.
Question 7: A notary in North Carolina is asked to notarize a signature on a living will (advance directive). Which statement is accurate?
- A notary may not notarize living wills because they require only witnesses
- A notary may notarize a living will as long as the notary is not a named beneficiary
- Living wills in NC require both a notary and two witnesses simultaneously present (Correct answer)
- A notary may notarize a living will for an immediate family member without restriction
Correct answer: Living wills in NC require both a notary and two witnesses simultaneously present
NC law requires that a living will (healthcare power of attorney/advance directive) be signed in the presence of both a notary and two qualified witnesses.
NC Notary Performing Notarial Acts 5
A signer asks a North Carolina notary to notarize a document that will be used in a foreign country.
What additional step may be required?