Notarial Acts and Procedures Flashcards

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 may a North Dakota notary use a credible witness to identify a signer?

Answer: When the signer is personally known to the credible witness and lacks acceptable ID

A credible witness personally known to both the notary and the signer (or known only to the notary in some formulations) can vouch for the signer's identity when the signer lacks acceptable ID.

In North Dakota, which of the following acts may a notary perform on their own documents?

Answer: Certify a copy of their own notary commission certificate

A notary is prohibited from notarizing documents in which they have a financial or beneficial interest, though certifying a copy of their own commission certificate may be permissible as a non-interested act.

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

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.

A North Dakota notary is presented with a document that has blank spaces where text should appear. What should the notary do?

Answer: Refuse to notarize until all blanks are completed or crossed out

A notary should refuse to notarize incomplete documents because blank spaces could be filled in fraudulently after notarization.

Which of the following best describes a 'subscribing witness' notarial act in North Dakota?

Answer: A witness who swears they saw the principal sign the document in a remote location

A subscribing witness is someone who witnesses the principal signing and then swears before the notary that they saw the principal sign, used when the principal cannot appear personally.

Under North Dakota's Revised Uniform Law on Notarial Acts, what is the significance of the notary's official signature on a certificate?

Answer: It authenticates the notarial act and gives it legal effect

The notary's official signature on the certificate authenticates the notarial act, making it legally recognized and admissible.