Mixed Deck — All ND NOTARY Topics Flashcards

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

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.

What information should be recorded in a notary journal for each notarial act?

Answer: The type of document, date, signer’s information, and type of identification

A notary journal in North Dakota must contain detailed records for each notarial act, including the date and time, the type of notarial act, a description of the document, the signer's name and address, the method of identification used, and the fee charged. This comprehensive record-keeping is essential for accountability and fraud prevention.

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

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.

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

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.

What distinguishes an oath from an affirmation in North Dakota?

Answer: An oath invokes a higher power while an affirmation is a solemn promise without religious reference

An oath traditionally invokes God or a higher power, while an affirmation is a solemn pledge made without religious reference. Both carry the same legal weight.

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

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.

When administering an oath or affirmation, what must the notary ensure?

Answer: That the individual swears or affirms to tell the truth

When administering an oath or affirmation, the notary's essential duty is to ensure the individual makes a solemn declaration to tell the truth, under penalty of perjury. The notary does not verify the content of the statement, but rather the sincerity and commitment of the signer to its truthfulness.

What information must be included in the notarial certificate for an acknowledgment?

Answer: The signer’s name, the date, and the type of act performed

A notarial certificate for an acknowledgment must include specific information to be valid, such as the venue (state and county), the date of the notarization, the name(s) of the signer(s) who appeared, and a statement confirming the type of act performed (e.g., "acknowledged before me"). This ensures the record is complete and legally sound.

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.

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.

In North Dakota, must a notary maintain a journal of notarial acts?

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.

Can a North Dakota notary notarize their own signature?

Answer: No, a notary cannot notarize their own signature

A notary cannot notarize their own signature because they cannot serve as an impartial witness to their own act, which creates a conflict of interest.

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

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.

When a borrower signs a promissory note before a North Dakota notary, what type of notarial act is typically performed?

Answer: Acknowledgment or jurat, depending on the document's requirements

Promissory notes may require an acknowledgment or a jurat depending on the lender's requirements and how the document is drafted.

Can a North Dakota notary identify a signer based solely on personal knowledge?

Answer: Yes, personal knowledge of the signer is an acceptable form of identification

Personal knowledge of the signer is one of the acceptable methods of identification for notarial acts in North Dakota, alongside satisfactory evidence such as photo ID.

What technology must a North Dakota Remote Online Notarization (RON) provider use to verify a signer's identity?

Answer: Knowledge-based authentication (KBA) and/or credential analysis

RON platforms in North Dakota must use identity proofing methods such as knowledge-based authentication and credential analysis to verify the signer's identity.

Under North Dakota's RON framework, which party is typically responsible for retaining the audio-visual recording of a remote notarization?

Answer: The RON technology platform provider on behalf of the notary

The RON platform provider typically retains the audio-visual recording on behalf of the notary to satisfy North Dakota's 10-year retention requirement.

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

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.

Under North Dakota law, which of the following acts is specifically prohibited for a notary public?

Answer: Notarizing a document in which the notary has a direct financial interest

A notary with a direct financial interest in a transaction has a conflict of interest and is prohibited from notarizing related documents.

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.