NC Notary Prohibited Acts and Misconduct 4 — Questions and Answers
Question 1: A notary in North Carolina is asked to notarize a document written entirely in a language the notary cannot read. What is the correct action?
- Notarize it as long as the signer appears willing
- Refuse to notarize because the notary cannot verify the document's content (Correct answer)
- Proceed if the signer provides a verbal translation
- Notarize it and note the foreign language on the certificate
Correct answer: Refuse to notarize because the notary cannot verify the document's content
A notary should not notarize a document they cannot read because they cannot ensure the signer understands what they are signing or that the notarial act is appropriate.
Question 2: Which of the following actions constitutes misconduct for a North Carolina notary?
- Refusing to notarize a document the signer appears to not understand
- Charging a fee of $10 per notarial act
- Notarizing a document for a person who is not physically present (Correct answer)
- Keeping a record of all notarial acts performed
Correct answer: Notarizing a document for a person who is not physically present
Notarizing a document for someone not physically present is a serious violation because the notary cannot verify the signer's identity or willingness.
Question 3: A North Carolina notary is offered a large tip to expedite a notarization. What must the notary do?
- Accept the tip as it is separate from the official fee
- Decline the tip if it exceeds the statutory maximum
- Accept the tip because there is no law against gratuities
- Decline any payment beyond the statutory maximum fee (Correct answer)
Correct answer: Decline any payment beyond the statutory maximum fee
North Carolina notaries may not charge or accept fees beyond the statutory maximum, which includes tips or gratuities intended as compensation for notarial acts.
Question 4: A notary realizes after completing a notarization that the signer's ID had expired by two months. What is the primary concern?
- No concern; expired IDs are acceptable if the photo still matches
- The notary may have failed to properly verify the signer's identity (Correct answer)
- The notary should issue a corrected certificate immediately
- The signer must appear again to resign the document
Correct answer: The notary may have failed to properly verify the signer's identity
Acceptable identification for North Carolina notarizations must be current; using an expired ID may mean the notary failed to meet the identity verification requirement.
Question 5: Under North Carolina law, a notary who willfully makes a false entry in a notarial record may be subject to:
- Only a civil penalty up to $500
- Criminal charges in addition to commission revocation (Correct answer)
- A written reprimand from the Secretary of State only
- No penalty if the error was corrected within 30 days
Correct answer: Criminal charges in addition to commission revocation
Willfully making a false entry in notarial records is a criminal act in North Carolina and can also result in revocation of the notary's commission.
Question 6: A notary is asked to notarize a document that will clearly be used to commit fraud. The notary knows this. What must the notary do?
- Notarize the document since the notary's role is ministerial
- Refuse to notarize the document (Correct answer)
- Notarize and then report the fraud to authorities
- Ask the signer to change the document before notarizing
Correct answer: Refuse to notarize the document
A notary must refuse to notarize any document they know or reasonably believe will be used to commit fraud or cause harm.
Question 7: Which scenario best describes 'notarizing outside the scope of authority' in North Carolina?
- A notary who performs a jurat when an acknowledgment was requested (Correct answer)
- A notary who notarizes a document in a county different from where they were appointed
- A notary who performs a notarial act for a fee
- A notary who notarizes a real estate deed
Correct answer: A notary who performs a jurat when an acknowledgment was requested
Performing the wrong type of notarial act — such as a jurat instead of an acknowledgment — can constitute acting outside proper authority because the legal effect differs.
NC Notary Prohibited Acts and Misconduct 4
A notary in North Carolina is asked to notarize a document written entirely in a language the notary cannot read.
What is the correct action?