NC Notary Responsibilities and Eligibility 5 — Questions and Answers
Question 1: Which of the following best describes the 'credible witness' method of identifying a signer in NC?
- The notary relies on their own personal knowledge of the signer
- A third party who personally knows the signer appears before the notary and vouches for their identity (Correct answer)
- The signer produces two forms of government ID
- The employer of the signer provides written confirmation of identity
Correct answer: A third party who personally knows the signer appears before the notary and vouches for their identity
A credible witness is a person known to the notary who personally knows the signer and swears to the signer's identity before the notary.
Question 2: Can a North Carolina notary public charge a fee for performing notarial acts?
- No, notaries must always perform acts for free
- Yes, but the maximum fee is set by North Carolina statute (Correct answer)
- Yes, and notaries may charge any fee the market will bear
- Only attorneys who are notaries may charge a fee
Correct answer: Yes, but the maximum fee is set by North Carolina statute
NC notaries may charge fees for notarial acts, but those fees may not exceed the maximum amounts established by state law.
Question 3: A notary is approached to notarize a document written entirely in a language the notary cannot read. What should the notary do?
- Refuse to notarize the document (Correct answer)
- Proceed as long as the signer appears competent
- Notarize only the signature, ignoring the document body
- Request a certified translation before proceeding
Correct answer: Refuse to notarize the document
A notary is not required to—and generally should not—notarize a document they cannot read, as they cannot assess its nature or completeness.
Question 4: What must a North Carolina notary do if they change their legal name during their commission term?
- Continue using the old name until the commission expires
- Notify the Secretary of State and obtain a new commission in the new name (Correct answer)
- Notify only the county register of deeds
- File an affidavit of name change with the local courthouse
Correct answer: Notify the Secretary of State and obtain a new commission in the new name
A legal name change requires notifying the Secretary of State and obtaining an updated commission reflecting the new name.
Question 5: Which of the following situations would require a notary to REFUSE a notarial act?
- The signer is elderly but mentally competent
- The signer appears intoxicated and unable to understand what they are signing (Correct answer)
- The document is lengthy and complex
- The signer does not speak English as their first language
Correct answer: The signer appears intoxicated and unable to understand what they are signing
A notary must refuse when the signer appears to lack the mental capacity or awareness to understand and voluntarily execute the document.
Question 6: Which of the following CORRECTLY states a notary's duty when completing a notarial certificate?
- The notary may pre-sign blank certificates for efficiency
- The notary must complete all required elements of the certificate accurately at the time of the act (Correct answer)
- The notary may delegate completion of the certificate to a trusted employee
- The certificate may be completed up to 24 hours after the notarial act
Correct answer: The notary must complete all required elements of the certificate accurately at the time of the act
The notary must personally and accurately complete the notarial certificate at the time the notarial act is performed.
Question 7: A NC notary who is also an attorney-in-fact for a principal wants to notarize a document signed by that principal. What rule applies?
- This is permitted since the notary is merely acting as an agent
- This is prohibited because the notary has a direct interest in the transaction (Correct answer)
- This is permitted with written disclosure to the Secretary of State
- This is prohibited only if the document involves real property
Correct answer: This is prohibited because the notary has a direct interest in the transaction
Serving as attorney-in-fact gives the notary a direct interest in the transaction, disqualifying them from notarizing related documents.
NC Notary Responsibilities and Eligibility 5
Which of the following best describes the 'credible witness' method of identifying a signer in NC?