ND Notary Types of Notarial Acts 2 — Questions and Answers
Question 1: When performing a jurat, must the signer sign the document in the notary's presence?
- Yes, the signer must sign in the notary's presence (Correct answer)
- No, the document can be pre-signed
- Only if the document is a legal affidavit
- Only for real estate documents
Correct answer: Yes, the signer must sign in the notary's presence
For a jurat, the signer must both sign the document and take the oath or affirmation in the notary's physical presence. This differs from an acknowledgment where pre-signing may be acceptable.
Question 2: Can a North Dakota notary certify a copy of a vital record such as a birth certificate?
- No, notaries generally cannot certify copies of vital records as those are issued only by government agencies (Correct answer)
- Yes, for any vital record
- Only with permission from the state registrar
- Only for out-of-state vital records
Correct answer: No, notaries generally cannot certify copies of vital records as those are issued only by government agencies
Vital records such as birth, death, and marriage certificates can only be certified by the issuing government agency. Notaries should not certify copies of these documents.
Question 3: What is a signature witnessing in North Dakota notarial practice?
- A notarial act where the notary watches the signer sign a document and attests to having witnessed the signature (Correct answer)
- The same as an acknowledgment
- A type of jurat
- An informal notarial act with no legal standing
Correct answer: A notarial act where the notary watches the signer sign a document and attests to having witnessed the signature
Signature witnessing requires the notary to personally observe the signer placing their signature on the document, verifying the signer's identity in the process.
Question 4: In North Dakota, what is required for a notary to perform an acknowledgment?
- The signer must personally appear before the notary and acknowledge that they signed the document voluntarily (Correct answer)
- The signer must read the document aloud
- The notary must read the entire document
- Two additional witnesses must be present
Correct answer: The signer must personally appear before the notary and acknowledge that they signed the document voluntarily
For an acknowledgment, the signer must personally appear before the notary, be identified, and declare that they signed the document of their own free will.
Question 5: Can a North Dakota notary take a deposition?
- A notary can administer the oath for a deposition but does not conduct the deposition itself (Correct answer)
- Yes, notaries conduct depositions independently
- No, notaries have no role in depositions
- Only if they are also licensed attorneys
Correct answer: A notary can administer the oath for a deposition but does not conduct the deposition itself
While notaries can administer the oath to deponents, the actual questioning during a deposition is conducted by attorneys. The notary's role is limited to the oath administration.
Question 6: What notarial act is typically used for affidavits in North Dakota?
- A jurat, because the affiant must swear or affirm the truthfulness of the statements (Correct answer)
- An acknowledgment
- A certified copy
- A protest
Correct answer: A jurat, because the affiant must swear or affirm the truthfulness of the statements
Affidavits require a jurat because the person making the affidavit (the affiant) must swear or affirm under oath that the statements in the document are true.
ND Notary Types of Notarial Acts 2
When performing a jurat, must the signer sign the document in the notary's presence?