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Legal and Ethical Responsibilities Flashcards

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

    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.

  2. A notary is asked to perform a jurat but the signer refuses to take the verbal oath. What should the notary do?

    Answer: Refuse to complete the jurat — the verbal oath is legally required

    A jurat requires that the notary administer an oral oath or affirmation; without it, the notarial act is not lawfully complete.

  3. Which situation would most likely constitute unauthorized practice of law by a North Dakota notary?

    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.

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

    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.

  5. When a notary performs an acknowledgment, what is the notary legally certifying?

    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.

  6. 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?

    Answer: 10 years

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

  7. A signer appears to be under the influence of alcohol when arriving for a notarization. What is the notary's legal and ethical responsibility?

    Answer: Refuse to notarize because the signer may lack the capacity to understand what they are signing

    A notary must not notarize for a signer who lacks the capacity to understand the nature of the act due to intoxication or other impairment.