Legal and Ethical Responsibilities Flashcards

A notary receives a subpoena requesting their notarial journal. What is the proper response?

Answer: Comply with the subpoena and produce the journal as required by law

A valid subpoena is a legal order; the notary must comply and produce the journal, as notaries do not have a confidentiality privilege over their records.

In North Dakota, which of the following correctly describes the difference between a notary's acknowledgment and a jurat?

Answer: A jurat requires an oath or affirmation; an acknowledgment does not

A jurat requires the notary to administer a verbal oath or affirmation, while an acknowledgment requires personal appearance and voluntary acknowledgment but no oath.

A notary is asked to certify a copy of a birth certificate issued by a county recorder. What should the notary do?

Answer: Decline — certified copies of vital records must be obtained from the issuing government agency

Notaries in North Dakota may not certify copies of vital records such as birth certificates, which must be certified by the government office that issued them.

What must a North Dakota notary do immediately upon losing their official seal?

Answer: Notify the Secretary of State and refrain from notarizing until a replacement seal is obtained

A lost or stolen seal must be reported to the Secretary of State promptly, and the notary should not perform acts without the required seal.

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

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.

A notary notarizes a deed and later learns that the transaction was part of a mortgage fraud scheme. Which statement is most accurate?

Answer: The notary may face civil liability if negligence contributed to the fraudulent transaction

If a notary's negligence (e.g., failure to verify identity) contributed to a fraudulent act, they may face civil liability even if not criminally culpable.

A North Dakota notary is also a licensed real estate agent. When may they notarize documents in a real estate transaction they are involved in as an agent?

Answer: Never in a transaction where they receive a commission or have a financial interest

A notary with a direct financial interest in a transaction — such as earning a commission — is prohibited from notarizing documents in that transaction.