ND Notary Legal and Ethical Responsibilities 3 — Questions and Answers
Question 1: Under North Dakota law, what is the maximum fee a notary may charge for performing a single notarial act?
- $5
- $10 (Correct answer)
- $15
- $25
Correct 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.
Question 2: A notary is asked to perform a jurat but the signer refuses to take the verbal oath. What should the notary do?
- Complete the jurat without the oath since the signer is present
- Refuse to complete the jurat — the verbal oath is legally required (Correct answer)
- Substitute an acknowledgment for the jurat
- Have the signer initial a written statement waiving the oath
Correct answer: Refuse to complete the jurat — the verbal oath is legally required
A jurat requires that the notary administer an oral oath or affirmation; without it, the notarial act is not lawfully complete.
Question 3: Which situation would most likely constitute unauthorized practice of law by a North Dakota notary?
- Informing a signer of the maximum fee allowed by law
- Explaining to a signer which specific legal document they should use for their situation (Correct answer)
- Providing a blank copy of a commonly used form
- Translating a document title for a non-English speaker
Correct answer: Explaining to a signer which specific legal document they should use for their situation
Advising a person which legal document to use constitutes legal advice and is unauthorized practice of law for a non-attorney notary.
Question 4: A North Dakota notary's commission is expiring in 30 days. Which statement is accurate?
- The notary may continue performing acts for 60 days after expiration
- The notary must stop performing notarial acts on the commission expiration date (Correct answer)
- The notary's seal remains valid for 90 days after expiration
- The Secretary of State automatically renews active commissions
Correct answer: The notary must stop performing notarial acts on the commission expiration date
A notary's authority to perform notarial acts ends on the exact date the commission expires, with no grace period.
Question 5: When a notary performs an acknowledgment, what is the notary legally certifying?
- That the document's contents are true and accurate
- That the signer personally appeared, was identified, and acknowledged signing voluntarily (Correct answer)
- That the document was prepared by a licensed attorney
- That all parties to the document are legally competent
Correct answer: That the signer personally appeared, was identified, and acknowledged signing voluntarily
An acknowledgment certifies personal appearance, identification of the signer, and the signer's voluntary acknowledgment of the signature.
Question 6: Under North Dakota law, a notary is required to maintain a journal of notarial acts. How long must the journal be retained after the last entry?
- 1 year
- 3 years
- 5 years
- 10 years (Correct answer)
Correct answer: 10 years
North Dakota notaries are required to retain their journal for 10 years after the date of the last notarial act recorded.
Question 7: A signer appears to be under the influence of alcohol when arriving for a notarization. What is the notary's legal and ethical responsibility?
- Proceed if the signer can physically hold a pen
- Refuse to notarize because the signer may lack the capacity to understand what they are signing (Correct answer)
- Notarize and note the condition in the journal only
- Ask a witness to co-sign to validate the signer's capacity
Correct answer: Refuse to notarize because the signer may lack the capacity to understand what they are signing
A notary must not notarize for a signer who lacks the capacity to understand the nature of the act due to intoxication or other impairment.
ND Notary Legal and Ethical Responsibilities 3
Under North Dakota law, what is the maximum fee a notary may charge for performing a single notarial act?