ND Notary Ethics and Legal Boundaries — Questions and Answers
Question 1: Can a North Dakota notary provide legal advice to a document signer?
- No, notaries are prohibited from providing legal advice unless they are also licensed attorneys (Correct answer)
- Yes, notaries can advise on basic legal matters
- Only for simple documents
- Only if the signer requests advice
Correct answer: No, notaries are prohibited from providing legal advice unless they are also licensed attorneys
Notaries are not authorized to practice law, and providing legal advice constitutes unauthorized practice of law unless the notary is also a licensed attorney.
Question 2: Can a North Dakota notary notarize a document for a family member?
- It is strongly discouraged and may be prohibited if the notary has a financial interest in the transaction (Correct answer)
- Yes, without any restrictions
- Only for parents and siblings
- Only with written permission from the Secretary of State
Correct answer: It is strongly discouraged and may be prohibited if the notary has a financial interest in the transaction
While not always explicitly prohibited, notarizing for family members creates a conflict of interest, especially if the notary has a financial interest in the transaction, and most authorities strongly discourage it.
Question 3: What constitutes unauthorized practice of law by a notary in North Dakota?
- Drafting legal documents, advising on legal rights, or selecting documents for a client (Correct answer)
- Administering oaths
- Witnessing signatures
- Certifying copies of documents
Correct answer: Drafting legal documents, advising on legal rights, or selecting documents for a client
Drafting legal documents, advising on legal rights and remedies, or helping clients select which documents to use constitutes unauthorized practice of law.
Question 4: What should a North Dakota notary do if they discover an error in a completed notarial certificate?
- Draw a line through the error, make the correction, and initial and date the change (Correct answer)
- Use correction fluid to cover the error
- Rewrite the entire document
- Ignore minor errors
Correct answer: Draw a line through the error, make the correction, and initial and date the change
Errors should be corrected by drawing a single line through the mistake, writing the correction nearby, and initialing and dating the change. This maintains transparency and an audit trail.
Question 5: Is a North Dakota notary required to have errors and omissions insurance?
- It is recommended but not always required by law for traditional notaries, though it may be required for remote notarization (Correct answer)
- Yes, it is always required
- No, insurance is never needed
- Only government-employed notaries need insurance
Correct answer: It is recommended but not always required by law for traditional notaries, though it may be required for remote notarization
While E&O insurance is strongly recommended for all notaries, North Dakota may require it specifically for remote online notarization but not necessarily for all traditional notarial acts.
Question 6: Can a North Dakota notary refuse to perform a notarial act?
- Yes, if they have reasonable grounds such as inability to verify identity, suspicion of fraud, or personal interest in the transaction (Correct answer)
- No, notaries must notarize all documents presented
- Only if the document is in a foreign language
- Only with written justification filed with the state
Correct answer: Yes, if they have reasonable grounds such as inability to verify identity, suspicion of fraud, or personal interest in the transaction
A notary has the right and sometimes the duty to refuse notarization if they cannot verify the signer's identity, suspect fraud or coercion, or have a personal interest in the transaction.
ND Notary Ethics and Legal Boundaries
Can a North Dakota notary provide legal advice to a document signer?