NC Notary Liability and Disciplinary Actions 2

Question 1

Under NCGS Chapter 10B, which of the following acts by a NC notary is a Class I felony?

Accepted Answer

Knowingly performing a notarization with a false statement in the certificate

Answer

Under NCGS §10B-60(i), knowingly making a false statement in a notarial certificate is a Class I felony in North Carolina. This is one of the most serious violations in Chapter 10B.

Question 2

A NC notary is sued by a signer who claims the notary failed to properly verify their identity and they suffered financial loss as a result. The notary may be found liable if:

Accepted Answer

The notary failed to exercise reasonable care in the identity verification process

Answer

Under NC law, a notary can be found liable for negligence if they failed to exercise reasonable care in verifying the signer's identity and this failure caused the plaintiff's loss. The standard is reasonable care, not perfection.

Question 3

Under NCGS Chapter 10B, the NC SOS may take which disciplinary action against a notary who commits a violation?

Accepted Answer

Suspension, revocation of commission, or reprimand

Answer

Under NCGS §10B-60, the NC Secretary of State may administratively suspend a notary's commission, revoke the commission, or issue a written reprimand. These are the administrative remedies available to the SOS.

Question 4

A NC notary commits notarial misconduct and their commission is revoked. The notary appeals the decision. Under NCGS Chapter 10B, appeals of the NC SOS's commission revocation decision are heard by:

Accepted Answer

The NC Superior Court through the Administrative Procedures Act

Answer

Under NCGS §10B-60, a notary whose commission is revoked may appeal the decision through the NC Office of Administrative Hearings and ultimately the NC Superior Court under the Administrative Procedures Act (APA).

Question 5

Under NC law, a notary who performs a notarial act for a person they know to be under duress may face which consequences?

Accepted Answer

Commission revocation and potential criminal liability

Answer

Performing a notarization for a person known to be under duress is a serious violation. Under NCGS §10B-60, the NC SOS may revoke the commission. Additionally, depending on circumstances, the notary could face criminal liability for facilitating fraud or coercion.

NC Notary - North Carolina Notary Exam Practice Test

NC Notary - North Carolina Notary Exam Practice Test

NC Notary Liability and Disciplinary Actions 2