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

A valid subpoena is a legal order; the notary must comply and produce the journal, as notaries do not have a confidentiality privilege over their records.

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

A jurat requires the notary to administer a verbal oath or affirmation, while an acknowledgment requires personal appearance and voluntary acknowledgment but no oath.

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

Notaries in North Dakota may not certify copies of vital records such as birth certificates, which must be certified by the government office that issued them.

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

A lost or stolen seal must be reported to the Secretary of State promptly, and the notary should not perform acts without the required seal.

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

A notary may decline to notarize if a language barrier prevents them from communicating with the signer or identifying the type of notarial act required.

(ND Notary) North Dakota Notary Exam Practice Test

(ND Notary) North Dakota Notary Exam Practice Test

ND Notary Legal and Ethical Responsibilities 4