ND Notary Identification and Record Keeping 2 — Questions and Answers
Question 1: What should a North Dakota notary record in their journal if a notarization is refused?
- The date, signer's name, reason for refusal, and type of document presented (Correct answer)
- Nothing, refused notarizations are not recorded
- Only the date of refusal
- Only the reason for refusal
Correct answer: The date, signer's name, reason for refusal, and type of document presented
Recording refused notarizations protects the notary by documenting why they declined and provides a record if questions arise later about the transaction.
Question 2: In North Dakota, can an expired ID be used for notarization purposes?
- Generally no, the ID should be current and unexpired (Correct answer)
- Yes, any government ID is acceptable regardless of expiration
- Only if expired within the last year
- Only with additional supporting documents
Correct answer: Generally no, the ID should be current and unexpired
For satisfactory identification, the ID should be current and unexpired. An expired ID raises questions about whether it still accurately identifies the person.
Question 3: What is the consequence of a notary failing to maintain a proper journal in North Dakota?
- The notary may face disciplinary action including suspension or revocation of their commission (Correct answer)
- There are no consequences for journal failures
- The notary receives a verbal warning only
- The notary must pay a small fine
Correct answer: The notary may face disciplinary action including suspension or revocation of their commission
Failure to maintain a proper journal is a violation of notary law and can result in disciplinary action by the Secretary of State, including suspension or revocation of the notary's commission.
Question 4: How should a North Dakota notary handle a situation where the signer's name on the document differs from their ID?
- The notary should notarize using the name as it appears on the ID and note the discrepancy (Correct answer)
- Refuse to notarize under any circumstances
- Use whichever name the signer prefers
- Change the name on the document to match the ID
Correct answer: The notary should notarize using the name as it appears on the ID and note the discrepancy
The notary should use the name as shown on the identification and may note any discrepancy. The notary should not alter the document but can notarize if identity is established.
Question 5: What technology-related option exists for notarial acts in North Dakota?
- Remote online notarization (RON) is permitted under North Dakota law with specific requirements (Correct answer)
- No electronic notarization is permitted
- Only email-based notarization is allowed
- Electronic notarization is only for government documents
Correct answer: Remote online notarization (RON) is permitted under North Dakota law with specific requirements
North Dakota has enacted laws permitting remote online notarization, allowing notaries to perform certain acts via audio-video communication technology with specific identity verification requirements.
Question 6: What should be included in the notary's official stamp or seal in North Dakota?
- The notary's name, the words 'Notary Public,' 'State of North Dakota,' and the commission expiration date (Correct answer)
- Only the notary's name
- Only the state name
- The notary's name and address
Correct answer: The notary's name, the words 'Notary Public,' 'State of North Dakota,' and the commission expiration date
The official seal must include the notary's name exactly as commissioned, the words 'Notary Public,' the state name, and the commission expiration date.
ND Notary Identification and Record Keeping 2
What should a North Dakota notary record in their journal if a notarization is refused?