North Dakota Notary Public Knowledge Assessment — Questions and Answers

Question 1: A North Dakota notary is asked to notarize a financial power of attorney for an elderly person. During the appointment, the notary suspects the signer may be under duress. What is the correct action?

Complete the notarization and report suspicions to authorities afterward
Notarize the document but add a note about the suspected duress
Refuse to perform the notarization (Correct answer)
Ask the person accompanying the signer to leave, then re-evaluate

Correct answer: Refuse to perform the notarization

If a notary has reasonable suspicion that a signer is under duress or coercion, the notary must refuse to perform the notarial act.

Question 2: What is a certified copy in notarial practice?

A copy filed with the court clerk
A notary's certification that a copy of a document is a true and accurate reproduction of the original (Correct answer)
A copy approved by an attorney
A copy signed by the original author

Correct answer: A notary's certification that a copy of a document is a true and accurate reproduction of the original

A certified copy is a notarial act where the notary attests that a photocopy or reproduction is a true, accurate, and complete copy of the original document.

Question 3: A North Dakota notary is asked to notarize a document written entirely in a foreign language. What should the notary do?

Notarize it if they can identify the type of notarial act needed (Correct answer)
Proceed only if they can read the language
Require a certified translation before notarizing
Refuse because foreign-language documents cannot be notarized in ND

Correct answer: Notarize it if they can identify the type of notarial act needed

A notary may notarize a foreign-language document if they can identify the notarial certificate and the signer is present; the notary does not need to read the document.

Question 4: What is the proper procedure for a North Dakota notary when asked to notarize a document in a language they do not understand?

The notary must translate the document first
The notary must refuse entirely
The notary may proceed if they can communicate with the signer and verify identity, but cannot certify the contents (Correct answer)
The notary can notarize any document regardless of language

Correct answer: The notary may proceed if they can communicate with the signer and verify identity, but cannot certify the contents

A notary can perform the notarial act if they can communicate with the signer and verify identity, but they are certifying the signing, not the content of the document.

Question 5: What happens to a notary's commission if they move out of North Dakota?

The commission transfers to the new state
The commission is automatically revoked
The commission remains valid but the notary can only notarize within North Dakota (Correct answer)
The notary must notify the Secretary of State within 90 days

Correct answer: The commission remains valid but the notary can only notarize within North Dakota

A North Dakota notary commission remains valid even if the notary moves out of state, but notarial acts can only be performed within North Dakota's borders.

Question 6: Must a North Dakota notary use an official seal or stamp?

Yes, an official seal or stamp is required on all notarized documents (Correct answer)
No, a seal is optional
Only for documents going out of state
Only for real estate documents

Correct answer: Yes, an official seal or stamp is required on all notarized documents

North Dakota requires notaries to affix their official seal or stamp to all documents they notarize, which must include the notary's name, commission expiration, and state.

Question 7: Under North Dakota law, a notary is required to maintain a journal of notarial acts. How long must the journal be retained after the last entry?

10 years (Correct answer)
3 years
5 years
1 year

Correct answer: 10 years

North Dakota notaries are required to retain their journal for 10 years after the date of the last notarial act recorded.

Question 8: What does 'credential analysis' technology examine during a North Dakota RON session?

The notary's commission history
The document being notarized for legal errors
Security features of the signer's government-issued identification document (Correct answer)
The signer's credit score

Correct answer: Security features of the signer's government-issued identification document

Credential analysis examines security features of a government-issued ID (such as holograms, microprinting, and magnetic strips) to verify its authenticity.

Question 9: In North Dakota, what is the penalty for a notary who knowingly notarizes a fraudulent document?

A small fine
A written warning only
Criminal charges, civil liability, and revocation of notary commission (Correct answer)
Temporary suspension of commission

Correct answer: Criminal charges, civil liability, and revocation of notary commission

A notary who knowingly participates in fraud can face criminal prosecution, civil liability for damages, and permanent revocation of their notary commission.

Question 10: When a North Dakota notary commission is issued, when may the notary begin performing notarial acts?

30 days after the commission issue date
Only after purchasing an official notary seal
After the oath and surety bond have been properly filed with the Secretary of State (Correct answer)
Immediately upon receiving the commission certificate in the mail

Correct answer: After the oath and surety bond have been properly filed with the Secretary of State

The commission only becomes effective after the notary's oath and surety bond are filed with the Secretary of State, not simply upon issuance.

Question 11: In North Dakota, remote online notarization (RON) requires the notary to use which of the following?

A fax machine to transmit signed documents
An in-person backup witness at the signer's location
Audio-video communication technology that allows real-time interaction (Correct answer)
Only audio communication with the signer

Correct answer: Audio-video communication technology that allows real-time interaction

North Dakota's RON framework requires real-time two-way audio-video communication between the notary and the remotely located principal.

Question 12: What technology-related option exists for notarial acts in North Dakota?

No electronic notarization is permitted
Only email-based notarization is allowed
Electronic notarization is only for government documents
Remote online notarization (RON) is permitted under North Dakota law with specific requirements (Correct answer)

Correct answer: Remote online notarization (RON) is permitted under North Dakota law with specific requirements

North Dakota has enacted laws permitting remote online notarization, allowing notaries to perform certain acts via audio-video communication technology with specific identity verification requirements.

Question 13: What is the primary function of a notary public in North Dakota?

To draft legal documents for the public
To provide legal advice to document signers
To serve as an impartial witness to the signing of documents and administer oaths (Correct answer)
To represent clients in court proceedings

Correct answer: To serve as an impartial witness to the signing of documents and administer oaths

A notary public's primary function is to serve as an impartial witness to document signings, verify identities, and administer oaths to deter fraud.

Question 14: A North Dakota notary learns that a colleague routinely notarizes signatures for people who call in orders over the phone. What is the correct characterization of this practice?

An illegal practice — remote telephone notarization without authorized RON technology violates state law (Correct answer)
Acceptable for low-risk documents only
Permitted if both parties sign a liability waiver
Acceptable if the notary knows the caller personally

Correct answer: An illegal practice — remote telephone notarization without authorized RON technology violates state law

Traditional telephone notarization without approved Remote Online Notarization (RON) technology violates the personal appearance requirement under North Dakota law.

Question 15: What information should be recorded in a notary journal for each notarial act?

The type of document, date, signer’s information, and type of identification (Correct answer)
The length of time the notarization took
The notary's personal thoughts about the act
The amount of the fee charged

Correct answer: The type of document, date, signer’s information, and type of identification

A notary journal in North Dakota must contain detailed records for each notarial act, including the date and time, the type of notarial act, a description of the document, the signer's name and address, the method of identification used, and the fee charged. This comprehensive record-keeping is essential for accountability and fraud prevention.

Question 16: A North Dakota notary is presented with a 'deed in lieu of foreclosure.' Who is the signer on this document?

The lender, who agrees to accept the property instead of foreclosing
The county sheriff, who oversees the transfer process
The title insurance company, which guarantees the transfer
The borrower/homeowner, who voluntarily transfers the property to the lender (Correct answer)

Correct answer: The borrower/homeowner, who voluntarily transfers the property to the lender

In a deed in lieu of foreclosure, the borrower voluntarily deeds the property to the lender as an alternative to the formal foreclosure process.

Question 17: Which of the following best describes the concept of 'willful' misconduct by a North Dakota notary?

Intentional acts that violate notarial law, such as knowingly notarizing a forged signature (Correct answer)
Accidental omission of a required element in the certificate
Any mistake made during a notarization, including clerical errors
Charging above the statutory fee by mistake

Correct answer: Intentional acts that violate notarial law, such as knowingly notarizing a forged signature

Willful misconduct involves deliberate, intentional violations of notarial law, which carry more severe penalties than negligent or accidental errors.

Question 18: What distinguishes a 'warranty deed' from a 'quitclaim deed' in North Dakota?

A warranty deed transfers mineral rights; a quitclaim deed transfers surface rights only
A warranty deed includes the grantor's guarantee of clear title; a quitclaim deed conveys only whatever interest the grantor has (Correct answer)
A warranty deed must be notarized; a quitclaim deed does not require notarization
A warranty deed is used only for commercial property; a quitclaim deed is for residential

Correct answer: A warranty deed includes the grantor's guarantee of clear title; a quitclaim deed conveys only whatever interest the grantor has

A warranty deed includes a guarantee from the grantor that they have clear title to the property, while a quitclaim deed conveys only whatever interest the grantor actually possesses without any guarantees.

Question 19: What constitutes unauthorized practice of law by a notary in North Dakota?

Witnessing signatures
Certifying copies of documents
Drafting legal documents, advising on legal rights, or selecting documents for a client (Correct answer)
Administering oaths

Correct answer: Drafting legal documents, advising on legal rights, or selecting documents for a client

Drafting legal documents, advising on legal rights and remedies, or helping clients select which documents to use constitutes unauthorized practice of law.

Question 20: Can a North Dakota notary refuse to perform a notarial act?

Only with written justification filed with the state
Yes, if they have reasonable grounds such as inability to verify identity, suspicion of fraud, or personal interest in the transaction (Correct answer)
Only if the document is in a foreign language
No, notaries must notarize all documents presented

Correct answer: Yes, if they have reasonable grounds such as inability to verify identity, suspicion of fraud, or personal interest in the transaction

A notary has the right and sometimes the duty to refuse notarization if they cannot verify the signer's identity, suspect fraud or coercion, or have a personal interest in the transaction.

Question 21: A North Dakota notary is asked to notarize a healthcare directive (living will). The signer mentions they are unsure if they want to sign. How should the notary proceed?

Notarize the document and note the signer's hesitation in the journal
Ask the signer's family members to help persuade them
Refuse to notarize because the signer lacks the required willingness (Correct answer)
Encourage the signer to proceed since the document is revocable

Correct answer: Refuse to notarize because the signer lacks the required willingness

A notary must refuse to notarize if the signer does not appear willing and voluntarily ready to sign the document.

Question 22: When performing a jurat in North Dakota, at what point must the signer sign the document?

Any time before the notary seals the document
Before the notary is contacted
In the presence of the notary (Correct answer)
After the notary completes the certificate

Correct answer: In the presence of the notary

A jurat requires the signer to sign the document in the notary's presence and swear or affirm to the truthfulness of its contents.

Question 23: What should be included in the notary's official stamp or seal in North Dakota?

The notary's name, the words 'Notary Public,' 'State of North Dakota,' and the commission expiration date (Correct answer)
The notary's name and address
Only the notary's name
Only the state name

Correct answer: The notary's name, the words 'Notary Public,' 'State of North Dakota,' and the commission expiration date

The official seal must include the notary's name exactly as commissioned, the words 'Notary Public,' the state name, and the commission expiration date.

Question 24: A North Dakota notary's commission is expiring in 30 days. Which statement is accurate?

The notary must stop performing notarial acts on the commission expiration date (Correct answer)
The Secretary of State automatically renews active commissions
The notary's seal remains valid for 90 days after expiration
The notary may continue performing acts for 60 days after expiration

Correct answer: The notary must stop performing notarial acts on the commission expiration date

A notary's authority to perform notarial acts ends on the exact date the commission expires, with no grace period.

Question 25: What obligation does a North Dakota notary have regarding Americans with Disabilities Act compliance?

They must make reasonable accommodations for signers with disabilities (Correct answer)
They can refuse to notarize for disabled individuals
Only government-employed notaries must accommodate disabilities
No accessibility requirements apply

Correct answer: They must make reasonable accommodations for signers with disabilities

Notaries should make reasonable accommodations for individuals with disabilities, such as traveling to the signer's location or allowing alternative signature methods when appropriate.

Question 26: Can a North Dakota notary provide legal advice to a document signer?

Only for simple documents
Yes, notaries can advise on basic legal matters
Only if the signer requests advice
No, notaries are prohibited from providing legal advice unless they are also licensed attorneys (Correct answer)

Correct answer: No, notaries are prohibited from providing legal advice unless they are also licensed attorneys

Notaries are not authorized to practice law, and providing legal advice constitutes unauthorized practice of law unless the notary is also a licensed attorney.

Question 27: According to North Dakota law, what is the maximum fine for a notary who fails to properly perform their duties?

$5,000
$2,500
$1,000 (Correct answer)
$500

Correct answer: $1,000

North Dakota law specifies penalties for notaries who fail to properly perform their duties, including negligence or misconduct. For such violations, a notary can face a maximum civil penalty or fine of $1,000, in addition to potential suspension or revocation of their commission.

Question 28: Which situation would most likely constitute unauthorized practice of law by a North Dakota notary?

Translating a document title for a non-English speaker
Explaining to a signer which specific legal document they should use for their situation (Correct answer)
Providing a blank copy of a commonly used form
Informing a signer of the maximum fee allowed by law

Correct answer: Explaining to a signer which specific legal document they should use for their situation

Advising a person which legal document to use constitutes legal advice and is unauthorized practice of law for a non-attorney notary.

Question 29: What is the minimum age requirement to apply for a North Dakota notary public commission?

25 years old
16 years old
21 years old
18 years old (Correct answer)

Correct answer: 18 years old

Applicants must be at least 18 years of age to qualify for a North Dakota notary commission.

Question 30: What is a signature witnessing in North Dakota notarial practice?

A type of jurat
An informal notarial act with no legal standing
The same as an acknowledgment
A notarial act where the notary watches the signer sign a document and attests to having witnessed the signature (Correct answer)

Correct answer: A notarial act where the notary watches the signer sign a document and attests to having witnessed the signature

Signature witnessing requires the notary to personally observe the signer placing their signature on the document, verifying the signer's identity in the process.

Question 31: What must a North Dakota notary do with their seal and journal when their commission ends?

Destroy or deface the seal and deliver the journal to the Secretary of State or retain it securely (Correct answer)
Throw everything away
Continue using them until reappointed
Give them to another notary

Correct answer: Destroy or deface the seal and deliver the journal to the Secretary of State or retain it securely

When a commission ends, the notary must destroy or deface the seal to prevent unauthorized use and must either securely store or deliver the journal to the Secretary of State.

Question 32: What should a North Dakota notary do if asked to notarize a document written entirely in a foreign language they do not understand?

Refuse to notarize since they cannot confirm the document's content
Notarize only if the signer verbally explains the document's contents
Require a certified translation before notarizing
Proceed with notarization since the notary only verifies the signer's identity, not document content (Correct answer)

Correct answer: Proceed with notarization since the notary only verifies the signer's identity, not document content

North Dakota notaries may notarize documents in foreign languages because the notarial act concerns the signer's identity and willingness to sign, not the document's content.

Question 33: How should a North Dakota notary handle a request to backdate a notarial certificate?

Backdate if the signer provides a reasonable explanation
Backdate only for documents signed within the past week
Backdate if the signer signs an indemnity agreement
Refuse, as backdating is fraudulent and violates notary law (Correct answer)

Correct answer: Refuse, as backdating is fraudulent and violates notary law

Backdating a notarial certificate is fraudulent. The notary must always record the actual date the notarial act was performed, never a different date.

Question 34: What should a North Dakota notary do if they are named as a beneficiary in a document they are asked to notarize?

Proceed if no other notary is available
Proceed but disclose the conflict
Notarize but add a disclaimer to the certificate
Refuse to notarize because they have a direct financial interest in the transaction (Correct answer)

Correct answer: Refuse to notarize because they have a direct financial interest in the transaction

A notary with a direct financial interest in a transaction has a conflict of interest that prohibits them from performing the notarial act, regardless of circumstances.

Question 35: Which of the following best describes a 'tamper-evident' feature in an electronically notarized document?

A colored border printed around each page
A watermark added by the notary's printer
A password that prevents the document from being opened
A digital seal that becomes visibly invalid if the document is altered after signing (Correct answer)

Correct answer: A digital seal that becomes visibly invalid if the document is altered after signing

A tamper-evident feature alerts recipients if document content has been changed after the electronic notarization was applied.

Question 36: Can a North Dakota notary notarize a document for a family member?

Only for parents and siblings
Only with written permission from the Secretary of State
It is strongly discouraged and may be prohibited if the notary has a financial interest in the transaction (Correct answer)
Yes, without any restrictions

Correct answer: It is strongly discouraged and may be prohibited if the notary has a financial interest in the transaction

While not always explicitly prohibited, notarizing for family members creates a conflict of interest, especially if the notary has a financial interest in the transaction, and most authorities strongly discourage it.

Question 37: A North Dakota notary performing electronic notarizations must ensure their electronic seal is generated and maintained by whom?

Any free online seal generator
The county clerk's office
A provider approved to meet North Dakota's technology standards (Correct answer)
The American Notary Association

Correct answer: A provider approved to meet North Dakota's technology standards

The notary's electronic seal must be issued or generated by a provider that meets North Dakota's statutory technology standards for electronic notarization.

Question 38: When administering an oath or affirmation, what must the notary ensure?

That the individual swears or affirms to tell the truth (Correct answer)
That the individual’s signature matches their ID
That the individual provides a written statement
That the document is signed in front of them

Correct answer: That the individual swears or affirms to tell the truth

When administering an oath or affirmation, the notary's essential duty is to ensure the individual makes a solemn declaration to tell the truth, under penalty of perjury. The notary does not verify the content of the statement, but rather the sincerity and commitment of the signer to its truthfulness.

Question 39: Can a North Dakota notary charge fees for their services?

No, notarial acts must be performed for free
Yes, they can charge any amount they wish
Yes, but fees must not exceed the maximum amounts set by state law (Correct answer)
Only government-employed notaries can charge fees

Correct answer: Yes, but fees must not exceed the maximum amounts set by state law

North Dakota allows notaries to charge fees for their services, but the fees cannot exceed the maximum amounts established by state statute.

Question 40: What should a North Dakota notary do if they discover an error in a completed notarial certificate?

Rewrite the entire document
Draw a line through the error, make the correction, and initial and date the change (Correct answer)
Ignore minor errors
Use correction fluid to cover the error

Correct answer: Draw a line through the error, make the correction, and initial and date the change

Errors should be corrected by drawing a single line through the mistake, writing the correction nearby, and initialing and dating the change. This maintains transparency and an audit trail.

North Dakota Notary Public Knowledge Assessment

Covers North Dakota notary law, notarial acts, ethical obligations, signer identification, and record-keeping requirements as outlined by the ND Secretary of State. North Dakota does not mandate a formal exam, but notaries are expected to understand these domains before commissioning.

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60 min

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70%

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