ND Notary Notary Duties and Responsibilities 2 — Questions and Answers
Question 1: What should a North Dakota notary do if they suspect a document is fraudulent?
- Refuse to notarize the document (Correct answer)
- Notarize it but make a note in their journal
- Contact local law enforcement before notarizing
- Notarize it and report it afterward
Correct answer: Refuse to notarize the document
If a notary suspects fraud or that the signer is being coerced, they must refuse to perform the notarial act. Proceeding could make the notary complicit in fraud.
Question 2: Can a North Dakota notary charge fees for their services?
- Yes, but fees must not exceed the maximum amounts set by state law (Correct answer)
- Yes, they can charge any amount they wish
- No, notarial acts must be performed for free
- Only government-employed notaries can charge fees
Correct answer: Yes, but fees must not exceed the maximum amounts set by state law
North Dakota allows notaries to charge fees for their services, but the fees cannot exceed the maximum amounts established by state statute.
Question 3: What happens to a notary's commission if they move out of North Dakota?
- The commission remains valid but the notary can only notarize within North Dakota (Correct answer)
- The commission is automatically revoked
- The commission transfers to the new state
- The notary must notify the Secretary of State within 90 days
Correct answer: The commission remains valid but the notary can only notarize within North Dakota
A North Dakota notary commission remains valid even if the notary moves out of state, but notarial acts can only be performed within North Dakota's borders.
Question 4: What is the consequence of a North Dakota notary failing to administer an oath when required?
- The notarial act may be invalid and the notary may face disciplinary action (Correct answer)
- There are no consequences
- The document is still valid but the notary receives a warning
- Only the signer faces consequences
Correct answer: The notarial act may be invalid and the notary may face disciplinary action
Failing to administer a required oath makes the notarial act potentially invalid and can result in disciplinary action against the notary, including revocation of commission.
Question 5: In North Dakota, who has the authority to appoint and commission notaries public?
- The Secretary of State (Correct answer)
- The Governor
- The State Attorney General
- The Chief Justice of the Supreme Court
Correct answer: The Secretary of State
The North Dakota Secretary of State has the authority to appoint and commission notaries public within the state.
Question 6: Must a North Dakota notary use an official seal or stamp?
- Yes, an official seal or stamp is required on all notarized documents (Correct answer)
- No, a seal is optional
- Only for real estate documents
- Only for documents going out of state
Correct answer: Yes, an official seal or stamp is required on all notarized documents
North Dakota requires notaries to affix their official seal or stamp to all documents they notarize, which must include the notary's name, commission expiration, and state.
ND Notary Notary Duties and Responsibilities 2
What should a North Dakota notary do if they suspect a document is fraudulent?