Legal and Ethical Responsibilities Flashcards

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?

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.

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

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.

A signer presents a North Dakota driver's license that expired six months ago. What should the notary do?

Answer: Reject the license — satisfactory evidence of identity requires a current, unexpired document

North Dakota law requires that government-issued photo identification be current and unexpired to constitute satisfactory evidence of identity.

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

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.

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?

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.

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?

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.

When a North Dakota notary completes a notarial certificate, which element is NOT legally required on the certificate?

Answer: The signer's Social Security number

A signer's Social Security number is never required — and including it would create an unnecessary privacy risk; required elements are the notary's seal, signature, and commission expiration date.