NC Notary Prohibited Acts and Misconduct 5 — Questions and Answers
Question 1: A notary's commission has expired, but they continue to perform notarizations. What is this considered under North Carolina law?
- A minor administrative violation with no penalty
- Unauthorized practice that can result in criminal liability (Correct answer)
- Acceptable if they have applied for renewal
- Permissible for 30 days after the expiration date
Correct answer: Unauthorized practice that can result in criminal liability
Performing notarizations after a commission has expired is unauthorized and can expose the individual to criminal charges under North Carolina law.
Question 2: A North Carolina notary is pressured by their employer to notarize documents without reviewing them. What should the notary do?
- Comply because the employer bears responsibility for the documents
- Refuse, as a notary remains personally responsible for each notarial act (Correct answer)
- Comply and document the employer's instructions in the journal
- Seek a legal opinion before refusing
Correct answer: Refuse, as a notary remains personally responsible for each notarial act
A notary is personally and independently responsible for each notarial act regardless of employer pressure, and cannot delegate that responsibility.
Question 3: Which of the following is a prohibited act when a North Carolina notary is also a party to the transaction being notarized?
- Notarizing any document in the transaction (Correct answer)
- Charging the maximum statutory fee
- Keeping a journal entry for the notarization
- Requesting that another notary perform the act instead
Correct answer: Notarizing any document in the transaction
A notary who is a named party to the transaction has a disqualifying financial or beneficial interest and must not notarize any document in that transaction.
Question 4: A notary stamps a blank notarial certificate and gives it to a client to attach to a future document. This is:
- Acceptable if the client is trusted
- A serious violation that constitutes misconduct (Correct answer)
- Allowed only for real estate transactions
- Permitted if the notary will later review the document
Correct answer: A serious violation that constitutes misconduct
Pre-signing or pre-stamping blank certificates is a serious form of notarial misconduct because it enables fraudulent use of the notary's seal.
Question 5: Under NC General Statutes, a notary who accepts anything of value for referring notarial customers to another service is:
- Permitted to do so as a normal business practice
- Engaging in prohibited fee-splitting or referral conduct (Correct answer)
- Required to disclose the arrangement to the Secretary of State
- Allowed if both parties consent in writing
Correct answer: Engaging in prohibited fee-splitting or referral conduct
Accepting referral fees or kickbacks in connection with notarial services violates the ethical standards imposed on North Carolina notaries.
Question 6: A notary is asked to certify that a photocopy of a vital record (birth certificate) is a true copy. In North Carolina, what is correct?
- The notary may issue a copy certification for any document
- Notaries cannot certify copies of vital records issued by government agencies (Correct answer)
- The notary may certify it only if the original is a certified copy itself
- Copy certifications for vital records require county recorder approval
Correct answer: Notaries cannot certify copies of vital records issued by government agencies
North Carolina notaries cannot certify copies of vital records (birth, death, marriage certificates) because those are government-issued documents with their own official copy process.
Question 7: A notary knowingly notarizes a document bearing a false date — earlier than when the signing actually occurred. This act is best described as:
- Backdating, which is a prohibited fraudulent act (Correct answer)
- Acceptable if both parties agree to the earlier date
- A clerical error correctable by an amended certificate
- Permitted in real estate closings to meet contract deadlines
Correct answer: Backdating, which is a prohibited fraudulent act
Backdating a notarial act to misrepresent when a document was signed is fraud and constitutes serious notarial misconduct under North Carolina law.
NC Notary Prohibited Acts and Misconduct 5
A notary's commission has expired, but they continue to perform notarizations.
What is this considered under North Carolina law?