ND Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: Under North Dakota law, what must a notary do when a signer appears to be under the influence of alcohol or drugs?
- Proceed with the notarization if the signer insists
- Refuse to perform the notarization (Correct answer)
- Require a witness to be present before proceeding
- Contact law enforcement before notarizing
Correct answer: Refuse to perform the notarization
A notary must refuse to notarize if the signer does not appear to be aware of the significance of the act or lacks capacity.
Question 2: In North Dakota, which notarial act is used when a signer declares that they personally signed a document but does not sign it in the notary's presence?
- Acknowledgment (Correct answer)
- Jurat
- Copy certification
- Oath administration
Correct answer: Acknowledgment
An acknowledgment allows the signer to declare before the notary that they previously signed the document of their own free will.
Question 3: What is the maximum term length for a North Dakota notary public commission?
- 2 years
- 4 years
- 6 years (Correct answer)
- 10 years
Correct answer: 6 years
North Dakota notary commissions are valid for six years from the date of appointment.
Question 4: When performing a jurat in North Dakota, at what point must the signer sign the document?
- Before the notary is contacted
- In the presence of the notary (Correct answer)
- Any time before the notary seals the document
- After the notary completes the certificate
Correct answer: In the presence of the notary
A jurat requires the signer to sign the document in the notary's presence and swear or affirm to the truthfulness of its contents.
Question 5: A North Dakota notary is asked to notarize a document written entirely in a foreign language. What should the notary do?
- Refuse because foreign-language documents cannot be notarized in ND
- Proceed only if they can read the language
- Notarize it if they can identify the type of notarial act needed (Correct answer)
- Require a certified translation before notarizing
Correct answer: Notarize it if they can identify the type of notarial act needed
A notary may notarize a foreign-language document if they can identify the notarial certificate and the signer is present; the notary does not need to read the document.
Question 6: Which of the following is NOT a required element of a North Dakota notarial certificate?
- The state and county where the notarial act was performed
- The notary's commission expiration date
- The signer's home address (Correct answer)
- The notary's signature
Correct answer: The signer's home address
North Dakota notarial certificates do not require the signer's home address; required elements include venue, notary signature, and commission expiration.
Question 7: When may a North Dakota notary perform a notarial act for a document that will be used outside the United States?
- Only if the foreign country has an embassy in the US
- At any time, following standard ND notarial procedures (Correct answer)
- Only after obtaining a special international notary license
- Only if the Secretary of State approves each transaction
Correct answer: At any time, following standard ND notarial procedures
A North Dakota notary may notarize documents intended for foreign use by following standard ND procedures; an apostille may then be obtained from the Secretary of State.
ND Notary Notarial Acts and Procedures 2
Under North Dakota law, what must a notary do when a signer appears to be under the influence of alcohol or drugs?