ND Notary Legal and Ethical Responsibilities 4

Question 1

A notary receives a subpoena requesting their notarial journal. What is the proper response?

Accepted Answer

Comply with the subpoena and produce the journal as required by law

Answer

Destroy the journal to protect client privacy

Answer

Refuse on the grounds of notarial confidentiality

Answer

Contact the Secretary of State and wait for permission to comply

Question 2

In North Dakota, which of the following correctly describes the difference between a notary's acknowledgment and a jurat?

Accepted Answer

A jurat requires an oath or affirmation; an acknowledgment does not

Answer

An acknowledgment requires an oath; a jurat does not

Answer

Both require an oath and are interchangeable

Answer

Neither requires the signer to be physically present

Question 3

A notary is asked to certify a copy of a birth certificate issued by a county recorder. What should the notary do?

Accepted Answer

Decline — certified copies of vital records must be obtained from the issuing government agency

Answer

Certify the copy because birth certificates are public records

Answer

Certify only if the original is presented alongside the copy

Answer

Certify and note that the copy is 'for informational purposes only'

Question 4

What must a North Dakota notary do immediately upon losing their official seal?

Accepted Answer

Notify the Secretary of State and refrain from notarizing until a replacement seal is obtained

Answer

Order a replacement seal and continue working

Answer

File a police report and wait 30 days before resuming

Answer

Notify the Secretary of State only if the seal has been used fraudulently

Question 5

Under North Dakota law, may a notary refuse service to a person whose document is written in a language the notary does not understand?

Accepted Answer

Yes — a notary may decline if they cannot communicate with the signer or understand the document type

Answer

No — notaries must notarize any document presented to them

Answer

No — the notary must use a certified translator before declining

Answer

Yes — only if the document exceeds 10 pages

Question 6

A notary notarizes a deed and later learns that the transaction was part of a mortgage fraud scheme. Which statement is most accurate?

Accepted Answer

The notary may face civil liability if negligence contributed to the fraudulent transaction

Answer

The notary bears no responsibility if they followed proper notarization procedures

Answer

The notary is automatically criminally liable for participating in fraud

Answer

Only the attorney who drafted the deed is legally responsible

Question 7

A North Dakota notary is also a licensed real estate agent. When may they notarize documents in a real estate transaction they are involved in as an agent?

Accepted Answer

Never in a transaction where they receive a commission or have a financial interest

Answer

Always, because professional licensure implies competency

Answer

Only if all parties provide written consent

Answer

Only for the buyer, not the seller, in the same transaction