ND Notary Legal and Ethical Responsibilities 2 — Questions and Answers
Question 1: A notary in North Dakota discovers after completing a notarization that the signer was not actually present in person. What is the notary's ethical obligation?
- Correct the certificate and re-date it
- Report the incident to the Secretary of State and consult an attorney (Correct answer)
- Destroy the notarial record to avoid liability
- Do nothing since the document was already signed
Correct answer: Report the incident to the Secretary of State and consult an attorney
A notary who discovers a fraudulent or improper notarization must report it and seek legal guidance to protect the public and themselves.
Question 2: Under North Dakota law, which of the following acts is specifically prohibited for a notary public?
- Charging a fee for notarial services
- Notarizing a document in which the notary has a direct financial interest (Correct answer)
- Certifying a copy of a public record
- Refusing to notarize a document in a foreign language
Correct 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.
Question 3: When is a North Dakota notary permitted to notarize a document for a family member?
- Never under any circumstances
- Only if the notary charges the standard fee
- Only if the notary has no direct financial interest in the transaction (Correct answer)
- Only with written approval from the Secretary of State
Correct answer: Only if the notary has no direct financial interest in the transaction
Notarizing for a family member is not automatically prohibited, but the notary must have no direct financial interest in the document or transaction.
Question 4: A signer presents a valid passport as identification but the notary personally knows the person used a different name professionally. What should the notary do?
- Reject the identification and demand a different ID
- Accept the passport as satisfactory evidence of identity and proceed (Correct answer)
- Call law enforcement before proceeding
- Require a second form of ID from a government database
Correct answer: Accept the passport as satisfactory evidence of identity and proceed
A current, unexpired government-issued photo ID such as a passport is satisfactory evidence of identity regardless of other names the signer may use.
Question 5: What ethical responsibility does a North Dakota notary have regarding keeping their notarial seal secure?
- The seal may be shared with office staff for convenience
- The notary must keep the seal under their exclusive control at all times (Correct answer)
- The seal only needs to be secured when not in use during business hours
- Security requirements for the seal are optional under state law
Correct answer: The notary must keep the seal under their exclusive control at all times
The notarial seal is an official instrument and must remain exclusively under the notary's control to prevent unauthorized use.
Question 6: A client pressures a North Dakota notary to backdate a notarial certificate to reflect an earlier signing date. The notary should:
- Comply if the client signs a waiver releasing the notary from liability
- Refuse — backdating a notarial certificate is a fraudulent act (Correct answer)
- Comply only if both parties to the document agree in writing
- Ask the Secretary of State for guidance before deciding
Correct answer: Refuse — backdating a notarial certificate is a fraudulent act
Backdating a notarial certificate is fraudulent and constitutes grounds for commission revocation and potential criminal liability.
Question 7: Which statement best describes a North Dakota notary's duty of impartiality?
- A notary must always favor the party who hired them
- A notary must serve all eligible requesters equally without bias or personal interest (Correct answer)
- Impartiality only applies when notarizing government documents
- A notary may decline requests based on the content of the document
Correct answer: A notary must serve all eligible requesters equally without bias or personal interest
Impartiality is a core duty: a notary must not favor any party and must serve all eligible signers equally.
ND Notary Legal and Ethical Responsibilities 2
A notary in North Dakota discovers after completing a notarization that the signer was not actually present in person.
What is the notary's ethical obligation?