ND Notary Legal and Ethical Responsibilities 2

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?

Accepted Answer

Report the incident to the Secretary of State and consult an attorney

Answer

Correct the certificate and re-date it

Answer

Destroy the notarial record to avoid liability

Answer

Do nothing since the document was already signed

Question 2

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

Accepted Answer

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

Answer

Charging a fee for notarial services

Answer

Certifying a copy of a public record

Answer

Refusing to notarize a document in a foreign language

Question 3

When is a North Dakota notary permitted to notarize a document for a family member?

Accepted Answer

Only if the notary has no direct financial interest in the transaction

Answer

Never under any circumstances

Answer

Only if the notary charges the standard fee

Answer

Only with written approval from the Secretary of State

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?

Accepted Answer

Accept the passport as satisfactory evidence of identity and proceed

Answer

Reject the identification and demand a different ID

Answer

Call law enforcement before proceeding

Answer

Require a second form of ID from a government database

Question 5

What ethical responsibility does a North Dakota notary have regarding keeping their notarial seal secure?

Accepted Answer

The notary must keep the seal under their exclusive control at all times

Answer

The seal may be shared with office staff for convenience

Answer

The seal only needs to be secured when not in use during business hours

Answer

Security requirements for the seal are optional under state law

Question 6

A client pressures a North Dakota notary to backdate a notarial certificate to reflect an earlier signing date. The notary should:

Accepted Answer

Refuse — backdating a notarial certificate is a fraudulent act

Answer

Comply if the client signs a waiver releasing the notary from liability

Answer

Comply only if both parties to the document agree in writing

Answer

Ask the Secretary of State for guidance before deciding

Question 7

Which statement best describes a North Dakota notary's duty of impartiality?

Accepted Answer

A notary must serve all eligible requesters equally without bias or personal interest

Answer

A notary must always favor the party who hired them

Answer

Impartiality only applies when notarizing government documents

Answer

A notary may decline requests based on the content of the document