NC Notary - North Carolina Notary Notarial Certificates Questions and Answers 1 — Questions and Answers
Question 1: A signer presents a document in Chatham County with a pre-printed notarial certificate showing the venue as "State of North Carolina, County of Wake." What is the notary's proper course of action?
- Refuse the notarization as the document is incorrect.
- Line through "Wake," write "Chatham," and initial the change. (Correct answer)
- Proceed with the notarization as the venue is just a formality.
- Tell the signer to get a new document with the correct county pre-printed.
Correct answer: Line through "Wake," write "Chatham," and initial the change.
The venue on a notarial certificate must state the location where the notarial act actually takes place. If the pre-printed venue is incorrect, the notary must correct it by lining through the incorrect information, writing in the correct information, and initialing the change to ensure the certificate accurately reflects the facts of the notarization.
Question 2: Which of the following is NOT a required element for attestation on every North Carolina notarial certificate?
- The signature of the notary, exactly as commissioned.
- The notary's printed name. (Correct answer)
- The clear and legible appearance of the notary's seal.
- A statement of the date the notary's commission expires.
Correct answer: The notary's printed name.
According to G.S. 10B-20(b), a notarial act must be attested by the notary's official signature, the seal, and the commission expiration date. The legible appearance of the notary's name is also required, but it can be ascertained from the signature, from being typed/printed near the signature, or from a legible seal. Therefore, a separately printed name is not strictly required if the name is legible elsewhere.
Question 3: A notary is asked to perform an acknowledgment. The notarial certificate provided by the document creator is missing the principal signer's name and the date of the notarization. How should the notary proceed?
- Notarize the document but leave the spaces blank for the signer to fill in later.
- Attach a new, completed loose-leaf certificate to the document.
- Handwrite the missing information into the existing certificate and then complete the notarization. (Correct answer)
- Return the document to the signer and instruct them to have the creator add the information.
Correct answer: Handwrite the missing information into the existing certificate and then complete the notarization.
A notary is responsible for ensuring the notarial certificate is complete and accurate at the time of the notarization. If required information like the signer's name or the date is missing from the certificate, the notary must fill in those blanks before signing and sealing. Leaving the certificate incomplete or attaching a new one when the existing one is usable but incomplete are incorrect procedures.
Question 4: The primary purpose of the 'body' of a notarial certificate, such as the wording for an acknowledgment, is to:
- State the physical location where the notarization took place.
- Provide the notary's commission expiration date and official seal.
- Describe the facts being certified by the notary for that specific notarial act. (Correct answer)
- Identify any credible witnesses used during the notarization process.
Correct answer: Describe the facts being certified by the notary for that specific notarial act.
The body of the notarial certificate contains the core statement of the notarial act. For an acknowledgment, it certifies that the signer personally appeared and acknowledged their signature. For a jurat, it certifies the signer personally appeared and was sworn to the contents of the document. This section describes the specific actions and facts the notary is attesting to.
Question 5: A document requires a jurat, but the pre-printed notarial certificate contains the standard wording for an acknowledgment. Which action is appropriate for the North Carolina notary?
- Use the acknowledgment form since it is already on the document.
- Refuse to notarize the document entirely.
- Cross out the acknowledgment wording, write in the correct jurat wording, initial the change, and then proceed with the notarization. (Correct answer)
- Advise the signer on the legal differences between the two acts.
Correct answer: Cross out the acknowledgment wording, write in the correct jurat wording, initial the change, and then proceed with the notarization.
A notary cannot use an incorrect notarial certificate. If the wrong type is pre-printed, the notary's proper course of action is to correct it. The notary may line through the incorrect wording, write in the correct statutory wording for the required act (in this case, a jurat), and initial the change. Alternatively, the notary could cross out the entire incorrect certificate and attach a completed loose certificate with the correct jurat wording.
Question 6: When completing a notarial certificate, a notary in North Carolina must sign their name in which of the following ways?
- Using a common nickname they are known by.
- Exactly as their name appears on their notary commission. (Correct answer)
- With their first initial and last name.
- Any legible signature is acceptable as long as the seal is clear.
Correct answer: Exactly as their name appears on their notary commission.
North Carolina General Statute 10B-20(b)(1) explicitly requires that the notary's signature on the notarial certificate must be 'exactly as shown on the notary's commission.' This ensures consistency and allows for proper verification of the notary's authority.
NC Notary - North Carolina Notary Notarial Certificates Questions and Answers 1
A signer presents a document in Chatham County with a pre-printed notarial certificate showing the venue as "State of North Carolina, County of Wake." What is the notary's proper course of action?