NC Notary Responsibilities and Eligibility 4 — Questions and Answers
Question 1: In North Carolina, which statement about a notary performing notarial acts for a family member is TRUE?
- It is always prohibited by law
- It is permitted as long as the notary has no direct financial interest in the transaction (Correct answer)
- It is permitted only with written permission from the Secretary of State
- It is prohibited only for immediate family members
Correct answer: It is permitted as long as the notary has no direct financial interest in the transaction
NC law does not categorically prohibit notarizing for family members, but the notary must have no direct financial or beneficial interest in the document.
Question 2: What is the term length of a North Carolina notary public commission?
- 2 years
- 4 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
A NC notary commission is valid for a period of five years from the date of issuance.
Question 3: Which document must a new NC notary file with the county register of deeds before performing any notarial acts?
- A surety bond and their official signature
- A certified copy of their application
- Their notary seal impression
- A sworn oath of office (Correct answer)
Correct answer: A sworn oath of office
Before performing any notarial acts, a newly commissioned NC notary must take and file their oath of office with the county register of deeds.
Question 4: A signer presents an expired driver's license as identification. How should the notary respond?
- Accept it if the photo still resembles the signer
- Reject it and ask for a current, valid form of identification (Correct answer)
- Accept it if the expiration is less than one year ago
- Accept it with a written notation in the journal
Correct answer: Reject it and ask for a current, valid form of identification
Identification documents must be current and unexpired; an expired ID does not satisfy the satisfactory evidence of identity standard.
Question 5: What does the term 'acknowledgment' mean in the context of notarial acts?
- The notary swears the signer took an oath
- The signer declares before the notary that they signed the document voluntarily (Correct answer)
- The notary certifies a photocopy is a true copy of the original
- The signer affirms the document's contents are truthful
Correct answer: The signer declares before the notary that they signed the document voluntarily
An acknowledgment is a notarial act in which the signer appears before the notary and acknowledges that they signed the document freely and voluntarily.
Question 6: Under NC law, which of the following is NOT an acceptable form of satisfactory evidence of identity for a notarial act?
- A current US passport
- A valid state-issued driver's license with photo
- A personal check bearing the signer's name (Correct answer)
- A current US military identification card
Correct answer: A personal check bearing the signer's name
A personal check is not a government-issued photo ID and does not meet the NC standard for satisfactory evidence of identity.
Question 7: A notary is asked to perform a notarial act but suspects the signer is under duress. What should the notary do?
- Proceed if the signer verbally states they are acting voluntarily
- Refuse to perform the notarial act (Correct answer)
- Ask the employer of the signer for confirmation
- Complete the act and make a note in the journal
Correct answer: Refuse to perform the notarial act
If a notary reasonably suspects a signer is being coerced or is under duress, they must refuse to perform the notarial act.
In North Carolina, which statement about a notary performing notarial acts for a family member is TRUE?