North Dakota Notary Public Knowledge Assessment — Questions and Answers

Question 1: What must a North Dakota notary public do to their official seal if their commission is revoked or expires without renewal?

Donate it to the Secretary of State's office
Transfer it to another notary
Keep it as a personal memento
Destroy or deface the seal so it cannot be used (Correct answer)

Correct answer: Destroy or deface the seal so it cannot be used

Upon the end of a commission, a notary should destroy or deface the official seal to prevent any unauthorized or fraudulent future use.

Question 2: What is the consequence of a notary failing to maintain a proper journal in North Dakota?

There are no consequences for journal failures
The notary must pay a small fine
The notary receives a verbal warning only
The notary may face disciplinary action including suspension or revocation of their commission (Correct answer)

Correct answer: The notary may face disciplinary action including suspension or revocation of their commission

Failure to maintain a proper journal is a violation of notary law and can result in disciplinary action by the Secretary of State, including suspension or revocation of the notary's commission.

Question 3: What should a North Dakota notary do if they suspect a document is fraudulent?

Notarize it and report it afterward
Refuse to notarize the document (Correct answer)
Notarize it but make a note in their journal
Contact local law enforcement before notarizing

Correct answer: Refuse to notarize the document

If a notary suspects fraud or that the signer is being coerced, they must refuse to perform the notarial act. Proceeding could make the notary complicit in fraud.

Question 4: A North Dakota notary discovers an error in a notarial certificate after the document has been delivered. What is the best course of action?

Have the signer return to complete a corrected certificate (Correct answer)
Cross out the error and initial it without explanation
Mail a corrected certificate to the recipient
Contact the Secretary of State to issue a correction

Correct answer: Have the signer return to complete a corrected certificate

The proper remedy is for the signer to reappear before the notary so a correct, complete notarial certificate can be executed.

Question 5: Under North Dakota RON rules, who is responsible for maintaining the approved technology platform used for remote online notarizations?

The document's recipient
The individual notary public (Correct answer)
The Secretary of State's office
The county courthouse

Correct answer: The individual notary public

The notary is responsible for ensuring they use an approved RON technology platform that meets North Dakota's statutory requirements.

Question 6: What constitutes unauthorized practice of law by a notary in North Dakota?

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

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

Only with written justification filed with the state
No, notaries must notarize all documents presented
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

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

They can refuse to notarize for disabled individuals
They must make reasonable accommodations for signers with disabilities (Correct answer)
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 9: In North Dakota, what is the penalty for a notary who knowingly notarizes a fraudulent document?

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

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: Which piece of technology is used to confirm the location of a signer during a remote online notarization in North Dakota?

GPS coordinates auto-submitted by the RON platform
Geolocation technology to verify the signer is not in a prohibited jurisdiction (Correct answer)
A sworn affidavit from a local sheriff
A postal address confirmed by mail

Correct answer: Geolocation technology to verify the signer is not in a prohibited jurisdiction

RON platforms may use geolocation tools to help verify that the signer is located in a jurisdiction where the notarization is permissible.

Question 11: 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?

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

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 12: A North Dakota notary is asked to notarize a 'mechanic's lien.' Who typically signs this document?

The county recorder, to authenticate the lien
The contractor or material supplier who is owed payment (Correct answer)
The property owner, to authorize the lien
The mortgage lender, to subordinate their interest

Correct answer: The contractor or material supplier who is owed payment

A mechanic's lien is filed by a contractor, subcontractor, or supplier who has not been paid for work or materials provided on a property.

Question 13: What should a North Dakota notary do if they are named as a beneficiary in a document they are asked to notarize?

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

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 14: A real estate closing involves a 'HUD-1 Settlement Statement' or 'Closing Disclosure.' When a North Dakota notary is asked to notarize signatures on these forms, what notarial act is typically performed?

Acknowledgment of the borrower's signature (Correct answer)
Apostille for international mortgage lenders
Copy certification of the lender's copy
Protest to confirm payment obligations

Correct answer: Acknowledgment of the borrower's signature

Borrowers typically acknowledge their signatures on closing disclosure documents, confirming they signed the documents freely and voluntarily.

Question 15: What happens to a notary's commission if they move out of North Dakota?

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
The commission is automatically revoked
The commission transfers to the new state

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 16: 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?

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

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 17: A notary is employed by a bank and is asked by a manager to notarize a document for a bank customer without the customer being present. What should the notary do?

Comply only for documents under $1,000 in value
Comply if the manager signs a form confirming the customer's identity
Refuse — personal appearance of the signer is required for most notarial acts (Correct answer)
Comply — employer directives override notarial law for bank employees

Correct answer: Refuse — personal appearance of the signer is required for most notarial acts

Personal appearance of the signer is required by law, and an employer's instruction cannot override that legal requirement.

Question 18: For which reason may the North Dakota Secretary of State revoke a notary public commission?

Conviction of a felony offense (Correct answer)
Charging the maximum allowable statutory fee
Notarizing documents in multiple counties
Performing more than 100 notarizations per month

Correct answer: Conviction of a felony offense

A felony conviction is grounds for revocation of a North Dakota notary commission because it reflects on the notary's fitness for the office.

Question 19: Under North Dakota law, may a notary refuse service to a person whose document is written in a language the notary does not understand?

Yes — only if the document exceeds 10 pages
No — notaries must notarize any document presented to them
No — the notary must use a certified translator before declining
Yes — a notary may decline if they cannot communicate with the signer or understand the document type (Correct answer)

Correct answer: Yes — a notary may decline if they cannot communicate with the signer or understand the document type

A notary may decline to notarize if a language barrier prevents them from communicating with the signer or identifying the type of notarial act required.

Question 20: Which of the following is an example of a knowledge-based authentication (KBA) question used during RON identity verification?

What is the name of your current employer?
What is your email password?
What was the address of a home you previously owned? (Correct answer)
What is your favorite color?

Correct answer: What was the address of a home you previously owned?

KBA questions are typically drawn from public records and credit history, such as previous addresses, to verify the signer's identity.

Question 21: Which of the following best describes a 'logical tamper-evident seal' in electronic notarization?

Cryptographic technology that detects unauthorized changes to the document after notarization (Correct answer)
A watermark image added to each page
A visible wax impression applied to the PDF
A password lock on the PDF file

Correct answer: Cryptographic technology that detects unauthorized changes to the document after notarization

A logical tamper-evident seal uses cryptographic methods to detect any unauthorized alterations made to the document after the notarization is applied.

Question 22: Can a North Dakota notary advertise themselves as a 'notario publico'?

No, using this term may mislead Spanish-speaking individuals into believing the notary can provide legal services (Correct answer)
Only with state approval
Yes, it is a direct translation
Only if they speak Spanish

Correct answer: No, using this term may mislead Spanish-speaking individuals into believing the notary can provide legal services

The term 'notario publico' in many Latin American countries refers to a person with legal authority similar to an attorney. Using this term could constitute unauthorized practice of law by creating false expectations.

Question 23: What distinguishes a 'warranty deed' from a 'quitclaim deed' in North Dakota?

A warranty deed must be notarized; a quitclaim deed does not require notarization
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 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 24: A North Dakota notary is presented with a mortgage document that has blank spaces in the body of the text. What should the notary do?

Cross out the blanks and initial them before notarizing
Notarize the document and note the blanks in the journal
Refuse to notarize until all blanks are filled in (Correct answer)
Complete the blanks using information provided verbally by the signer

Correct answer: Refuse to notarize until all blanks are filled in

North Dakota notaries should not notarize incomplete documents with blank spaces, as this creates risk of fraudulent alterations after notarization.

Question 25: 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 refuse entirely
The notary can notarize any document regardless of language
The notary must translate the document first
The notary may proceed if they can communicate with the signer and verify identity, but cannot certify the contents (Correct answer)

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 26: Which of the following best describes a 'subscribing witness' notarial act in North Dakota?

A notary who witnesses a signature in place of two regular witnesses
A process where the notary subscribes their own name alongside the signer
A witness who swears they saw the principal sign the document in a remote location (Correct answer)
A witness who signs a document after the signer has already signed it before the notary

Correct answer: A witness who swears they saw the principal sign the document in a remote location

A subscribing witness is someone who witnesses the principal signing and then swears before the notary that they saw the principal sign, used when the principal cannot appear personally.

Question 27: Can a North Dakota notary provide legal advice to a document signer?

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

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 28: Is a North Dakota notary required to have errors and omissions insurance?

No, insurance is never needed
Yes, it is always required
It is recommended but not always required by law for traditional notaries, though it may be required for remote notarization (Correct answer)
Only government-employed notaries need insurance

Correct answer: It is recommended but not always required by law for traditional notaries, though it may be required for remote notarization

While E&O insurance is strongly recommended for all notaries, North Dakota may require it specifically for remote online notarization but not necessarily for all traditional notarial acts.

Question 29: What must a notary do when completing a notarial certificate for a document?

Add a statement about the document’s content
Affix their personal seal or signature only
Fill in the notary’s name and commission details (Correct answer)
Provide a detailed summary of the document

Correct answer: Fill in the notary’s name and commission details

When completing a notarial certificate, the notary must accurately fill in their own name, the date of the act, the county and state where the act occurred, and their commission expiration date. This information, along with their signature and seal, authenticates the notarial act and confirms their authority.

Question 30: A North Dakota notary is asked to notarize a document using an electronic notarization platform. Which element must the notary's electronic seal include?

The notary's commission expiration date (Correct answer)
The signer's date of birth
The notary's home address
The name of the document being notarized

Correct answer: The notary's commission expiration date

An electronic notarial seal in North Dakota must include the notary's commission expiration date, among other required details.

Question 31: Can a North Dakota notary charge fees for their services?

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

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 32: If a North Dakota notary public changes their legal name, what is the proper course of action?

Continue using the former name for the remainder of the commission
Apply for a completely new commission from the beginning
File a name change only with the county recorder
Notify the Secretary of State and update their official signature and seal accordingly (Correct answer)

Correct answer: Notify the Secretary of State and update their official signature and seal accordingly

A notary must notify the Secretary of State of a legal name change and update their official signature and seal to reflect the new name.

Question 33: A client pressures a North Dakota notary to backdate a notarial certificate to reflect an earlier signing date. The notary should:

Refuse — backdating a notarial certificate is a fraudulent act (Correct answer)
Comply only if both parties to the document agree in writing
Ask the Secretary of State for guidance before deciding
Comply if the client signs a waiver releasing the notary from liability

Correct answer: Refuse — backdating a notarial certificate is a fraudulent act

Backdating a notarial certificate is fraudulent and constitutes grounds for commission revocation and potential criminal liability.

Question 34: 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)
Any mistake made during a notarization, including clerical errors
Accidental omission of a required element in the certificate
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 35: What should a North Dakota notary do if they discover an error in a completed notarial certificate?

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

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.

Question 36: When is a North Dakota notary permitted to notarize a document for a family member?

Never under any circumstances
Only with written approval from the Secretary of State
Only if the notary charges the standard fee
Only if the notary has no direct financial interest in the transaction (Correct answer)

Correct answer: Only if the notary has no direct financial interest in the transaction

Notarizing for a family member is not automatically prohibited, but the notary must have no direct financial interest in the document or transaction.

Question 37: What is the maximum term length for a North Dakota notary public commission?

6 years (Correct answer)
2 years
4 years
10 years

Correct answer: 6 years

North Dakota notary commissions are valid for six years from the date of appointment.

Question 38: A North Dakota notary is asked to notarize an 'assignment of mortgage.' What is this document used for?

Transferring the lender's interest in a mortgage to a new lender or investor (Correct answer)
Changing the terms of an existing mortgage agreement
Documenting a property tax payment assignment
Releasing a borrower from their mortgage obligation

Correct answer: Transferring the lender's interest in a mortgage to a new lender or investor

An assignment of mortgage transfers the original lender's rights and interest in the mortgage to a new party, such as when loans are sold to investors.

Question 39: In North Dakota, what is required for a notary to perform an acknowledgment?

The signer must read the document aloud
Two additional witnesses must be present
The signer must personally appear before the notary and acknowledge that they signed the document voluntarily (Correct answer)
The notary must read the entire document

Correct answer: The signer must personally appear before the notary and acknowledge that they signed the document voluntarily

For an acknowledgment, the signer must personally appear before the notary, be identified, and declare that they signed the document of their own free will.

Question 40: What is the consequence of a North Dakota notary failing to administer an oath when required?

There are no consequences
The notarial act may be invalid and the notary may face disciplinary action (Correct answer)
The document is still valid but the notary receives a warning
Only the signer faces consequences

Correct answer: The notarial act may be invalid and the notary may face disciplinary action

Failing to administer a required oath makes the notarial act potentially invalid and can result in disciplinary action against the notary, including revocation of commission.

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.

Questions

60 min

Time Limit

70%

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