North Dakota Notary Public Knowledge Assessment — Questions and Answers

Question 1: When notarizing a North Dakota affidavit of heirship, what is the notary verifying?

That the heirs listed are entitled to the estate under ND law
The accuracy of the family tree information listed in the document
That all heirs are present and consent to the distribution
The identity of the affiant and that they signed and swore to the document voluntarily (Correct answer)

Correct answer: The identity of the affiant and that they signed and swore to the document voluntarily

The notary verifies the affiant's identity and administers an oath, but does not verify the truth of the heirship claims made in the affidavit.

Question 2: Under North Dakota law, what is the maximum fee a notary may charge for performing a single notarial act?

$5
$25
$15
$10 (Correct answer)

Correct answer: $10

North Dakota law sets a maximum fee of $10 per notarial act unless a different fee is set by law for a specific act.

Question 3: Which of the following best describes a 'deed of trust' in the context of North Dakota notarizations?

A court order directing a trustee to manage estate assets
A three-party instrument using real property as security for a loan (Correct answer)
A document transferring personal property between family members
A notarial certificate confirming a borrower's creditworthiness

Correct answer: A three-party instrument using real property as security for a loan

A deed of trust involves a borrower, lender, and trustee, using real property as collateral for a loan obligation.

Question 4: 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 commission transfers to the new state
The notary must notify the Secretary of State within 90 days
The commission is automatically revoked

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

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

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 6: What is the consequence of a North Dakota notary notarizing a document without the signer being personally present (in a non-remote context)?

The notarization is voidable but may be ratified later
No consequence if the signer later acknowledges signing
The act constitutes official misconduct and the commission may be revoked (Correct answer)
The notary must pay a small administrative fine only

Correct answer: The act constitutes official misconduct and the commission may be revoked

Notarizing without the required personal appearance is official misconduct that can result in commission revocation and potential criminal liability.

Question 7: In North Dakota, what is the penalty for a notary who knowingly notarizes a fraudulent document?

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

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 8: A person wants their signature notarized but presents only a library card as identification. What should a North Dakota notary do?

Refuse because a library card is not an acceptable ID (Correct answer)
Accept it since any government-issued card suffices
Accept it if accompanied by a second form of ID
Accept it only if the person is personally known to the notary

Correct answer: Refuse because a library card is not an acceptable ID

North Dakota requires government-issued photo ID such as a driver's license or passport; a library card is not an acceptable form of identification.

Question 9: Which of the following scenarios would require a North Dakota notary to perform a 'copy certification by document custodian' rather than a standard copy certification?

Certifying a copy of a property deed for a real estate transaction
Certifying a copy of the notary's own commission certificate
Certifying a copy of a vital record such as a birth certificate that the notary cannot directly certify (Correct answer)
Certifying a copy of a business contract for use in another state

Correct answer: Certifying a copy of a vital record such as a birth certificate that the notary cannot directly certify

Vital records like birth certificates cannot be certified by a notary directly, so the document custodian (the record holder) swears before the notary that their copy is a true copy.

Question 10: Can a North Dakota notary advertise themselves as a 'notario publico'?

Yes, it is a direct translation
Only with state approval
No, using this term may mislead Spanish-speaking individuals into believing the notary can provide legal services (Correct answer)
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 11: Can a North Dakota notary notarize a document for a family member?

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)
Only for parents and siblings
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 12: In North Dakota, must a notary maintain a journal of notarial acts?

Yes, a notary is required to maintain a journal recording all notarial acts performed (Correct answer)
No, journals are optional
Only for real estate transactions
Only if requested by the signer

Correct answer: Yes, a notary is required to maintain a journal recording all notarial acts performed

North Dakota requires notaries to maintain a journal that records all notarial acts, including the date, type of act, signer's name, identification method, and type of document.

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
Proceed if no other notary is available
Refuse to notarize because they have a direct financial interest in the transaction (Correct answer)
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: What does 'credential analysis' technology examine during a North Dakota RON session?

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

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 15: A North Dakota notary's stamp/seal is illegible on a notarized document. What is the most appropriate remedy?

The notary may re-affix a legible seal and initial the change (Correct answer)
The document is invalid and cannot be used
The signer must return to have the entire document re-notarized
An illegible seal has no effect because the signature alone is sufficient

Correct answer: The notary may re-affix a legible seal and initial the change

If a seal impression is unclear, the notary may re-stamp the document with a legible seal to correct the deficiency without requiring the full notarization to be repeated.

Question 16: In North Dakota, what should a notary do if their seal is damaged or lost?

Stop performing notarial acts until a new seal is obtained
Continue using the damaged seal until a new one is obtained
Use a temporary seal from another notary
Notify the Secretary of State and obtain a replacement seal (Correct answer)

Correct answer: Notify the Secretary of State and obtain a replacement seal

In North Dakota, if a notary's seal is damaged, lost, or stolen, the notary is required to promptly notify the Secretary of State. They must then obtain a new, distinct seal to ensure the integrity and security of future notarial acts, as using a compromised or damaged seal is prohibited.

Question 17: In North Dakota, how long must a notary retain their physical or electronic notarial journal?

1 year after the last entry
5 years after the last entry
Until the notary's commission expires
10 years after the last entry (Correct answer)

Correct answer: 10 years after the last entry

North Dakota requires notaries to retain their notarial journal for 10 years after the last entry.

Question 18: What should a North Dakota notary record in their journal if a notarization is refused?

The date, signer's name, reason for refusal, and type of document presented (Correct answer)
Only the reason for refusal
Nothing, refused notarizations are not recorded
Only the date of refusal

Correct answer: The date, signer's name, reason for refusal, and type of document presented

Recording refused notarizations protects the notary by documenting why they declined and provides a record if questions arise later about the transaction.

Question 19: How can a notary ensure their electronic notarization complies with North Dakota laws?

By following guidelines set forth by the North Dakota Secretary of State (Correct answer)
By using a digital signature tool without certification
By using any available electronic notary platform
By relying on general online notary practices

Correct answer: By following guidelines set forth by the North Dakota Secretary of State

To ensure compliance with North Dakota laws for electronic notarization, a notary must strictly adhere to the specific guidelines, rules, and technology requirements established by the North Dakota Secretary of State. These guidelines dictate approved platforms, security protocols, and procedures for performing remote online notarizations.

Question 20: Under North Dakota law, when a notary's commission is revoked, what must the notary do with their official seal?

Transfer the seal to another notary in their office
Surrender or destroy the seal so it cannot be used after the commission ends (Correct answer)
Return the seal to the manufacturer
Keep the seal as a personal record of their service

Correct answer: Surrender or destroy the seal so it cannot be used after the commission ends

Upon revocation of a commission, the notary must surrender or destroy the seal to prevent unauthorized notarial acts from being performed.

Question 21: Can a North Dakota notary certify a copy of a vital record such as a birth certificate?

Only for out-of-state vital records
No, notaries generally cannot certify copies of vital records as those are issued only by government agencies (Correct answer)
Only with permission from the state registrar
Yes, for any vital record

Correct answer: No, notaries generally cannot certify copies of vital records as those are issued only by government agencies

Vital records such as birth, death, and marriage certificates can only be certified by the issuing government agency. Notaries should not certify copies of these documents.

Question 22: Can a North Dakota notary take a deposition?

No, notaries have no role in depositions
A notary can administer the oath for a deposition but does not conduct the deposition itself (Correct answer)
Yes, notaries conduct depositions independently
Only if they are also licensed attorneys

Correct answer: A notary can administer the oath for a deposition but does not conduct the deposition itself

While notaries can administer the oath to deponents, the actual questioning during a deposition is conducted by attorneys. The notary's role is limited to the oath administration.

Question 23: 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 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
The notary must translate the document first

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 24: 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 is used only for commercial property; a quitclaim deed is for residential
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 transfers mineral rights; a quitclaim deed transfers surface rights only

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 25: A notary is presented with a power of attorney document and asked to notarize the principal's signature. The principal is present but asks the notary to 'just make it look right.' What is the ethical concern?

The notary may use professional judgment to simplify the process
The notary should complete the form as instructed since the signer is the principal
Powers of attorney do not require notarization in North Dakota
The notary must follow a defined procedure and cannot take shortcuts regardless of the signer's request (Correct answer)

Correct answer: The notary must follow a defined procedure and cannot take shortcuts regardless of the signer's request

A notary must follow the legally required procedure for each notarial act and cannot deviate based on a signer's informal instructions.

Question 26: Which notarial act is most appropriate when notarizing an adoption consent form in North Dakota, where the signer must swear to the facts contained within?

Jurat (Correct answer)
Acknowledgment
Copy certification
Apostille

Correct answer: Jurat

A jurat is appropriate when the signer must swear or affirm under oath that the contents of the document are true, which is required for consent forms involving sworn facts.

Question 27: In North Dakota, how long is a notary commission valid?

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

Correct answer: 6 years

A North Dakota notary commission is valid for 6 years from the date of issuance, after which the notary must apply for reappointment.

Question 28: Can a North Dakota notary refuse to perform a notarial act?

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
Only with written justification filed with the state

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

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

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

Only for simple documents
No, notaries are prohibited from providing legal advice unless they are also licensed attorneys (Correct answer)
Yes, notaries can advise on basic legal matters
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 31: What should a North Dakota notary do if they discover an error in a completed notarial certificate?

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

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 32: A signer presents a valid passport as identification but the notary personally knows the person used a different name professionally. What should the notary do?

Accept the passport as satisfactory evidence of identity and proceed (Correct answer)
Call law enforcement before proceeding
Reject the identification and demand a different ID
Require a second form of ID from a government database

Correct answer: Accept the passport as satisfactory evidence of identity and proceed

A current, unexpired government-issued photo ID such as a passport is satisfactory evidence of identity regardless of other names the signer may use.

Question 33: A notary applicant in North Dakota who is a citizen of another country but holds a green card and works full-time in Fargo — are they eligible for a commission?

Yes, but only for a 1-year provisional commission
No, only residents who were born in the US qualify
No, only US citizens may become notaries in North Dakota
Yes, lawful permanent residents who are employed in North Dakota are eligible (Correct answer)

Correct answer: Yes, lawful permanent residents who are employed in North Dakota are eligible

North Dakota does not restrict notary eligibility to US citizens; lawful permanent residents who meet residency or employment requirements are eligible.

Question 34: What must a North Dakota notary do before performing any notarial act?

Verify the identity of the signer through personal knowledge or satisfactory evidence (Correct answer)
Read the entire document to the signer
Contact the document's recipient
Ask the signer about the contents of the document

Correct answer: Verify the identity of the signer through personal knowledge or satisfactory evidence

Before performing a notarial act, the notary must verify the signer's identity either through personal knowledge or satisfactory evidence such as a government-issued photo ID.

Question 35: 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?

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

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

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

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

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

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 38: 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 39: Which of the following is a requirement for performing a valid notarial act in North Dakota?

The notary must charge a specific fee for each act
The notary must be a licensed attorney
The notary must have a witness present
The notary must be physically present with the signer (Correct answer)

Correct answer: The notary must be physically present with the signer

For a valid notarial act in North Dakota, the notary public must be physically present with the signer, unless performing a remote online notarization (RON) under specific state regulations. This physical presence allows the notary to verify the signer's identity, observe their willingness, and ensure the integrity of the signing process.

Question 40: When a notary performs an acknowledgment, what is the notary legally certifying?

That all parties to the document are legally competent
That the signer personally appeared, was identified, and acknowledged signing voluntarily (Correct answer)
That the document was prepared by a licensed attorney
That the document's contents are true and accurate

Correct answer: That the signer personally appeared, was identified, and acknowledged signing voluntarily

An acknowledgment certifies personal appearance, identification of the signer, and the signer's voluntary acknowledgment of the signature.

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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35 min

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70%

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