Minnesota Notary Public Exam — Questions and Answers
Question 1: Under Minnesota's Remote Online Notarization (RON) law, how is 'presence' satisfied?
- By a notarized statement from a witness
- Through real-time audio-visual communication technology (Correct answer)
- By a signed affidavit from the signer
- By telephone confirmation
Correct answer: Through real-time audio-visual communication technology
Minnesota's RON law allows notaries to perform notarial acts using real-time two-way audio-visual technology, satisfying the appearance requirement remotely.
Question 2: Can a Minnesota notary be held liable by a third party who was harmed by relying on an improperly notarized document?
- Yes, but only if the third party is a government entity
- No, immunity protections shield notaries from all third-party claims
- No, only the direct parties to the transaction may sue the notary
- Yes, third-party claimants may sue a notary for damages caused by notarial negligence or misconduct (Correct answer)
Correct answer: Yes, third-party claimants may sue a notary for damages caused by notarial negligence or misconduct
Minnesota notaries can face civil liability from third parties who reasonably relied on a notarized document and suffered harm due to the notary's negligence or misconduct.
Question 3: May a Minnesota notary notarize a document for a signer who does not speak English?
- Yes, but a qualified interpreter must facilitate communication between the notary and signer (Correct answer)
- No, all signers must communicate directly in English
- No, unless the notary is bilingual in the signer's language
- Yes, with no additional requirements if the document is in English
Correct answer: Yes, but a qualified interpreter must facilitate communication between the notary and signer
A notary may work with non-English-speaking signers provided a qualified interpreter ensures the notary can communicate with and verify the signer's understanding and willingness.
Question 4: In Minnesota, which document is used to appoint a notary public?
- Notary Application (Correct answer)
- Notary Bond Form
- Notarial Act Form
- Notary Commission Order
Correct answer: Notary Application
To become a notary public in Minnesota, an individual must submit a Notary Application to the Minnesota Secretary of State. This application process involves providing personal information, meeting eligibility requirements, and often includes an oath of office. Upon approval, the individual receives their official notary commission.
Question 5: In Minnesota, who is authorized to perform notarial acts for members of the armed forces?
- Military notaries designated under federal law (Correct answer)
- Only civilian notaries public
- Only Minnesota-commissioned notaries stationed in Minnesota
- Any commissioned officer regardless of designation
Correct answer: Military notaries designated under federal law
Federal law authorizes specially designated military notaries to perform notarial acts for members of the armed forces, regardless of state commissions.
Question 6: When performing remote online notarization (RON) in Minnesota, how does the notary verify the signer's identity?
- By requiring two credible witnesses to appear on the video call
- Through credential analysis and knowledge-based authentication (KBA) in addition to visual ID inspection (Correct answer)
- By relying solely on the signer's verbal assurances over video
- By asking the signer to hold their ID up to the camera only
Correct answer: Through credential analysis and knowledge-based authentication (KBA) in addition to visual ID inspection
Minnesota's RON law requires identity verification through credential analysis of the signer's ID and knowledge-based authentication questions, plus visual examination via the live video feed.
Question 7: A Minnesota notary is asked to notarize a document for a minor. What consideration applies?
- The minor must be old enough to understand the document and sign willingly; parental consent does not substitute for the minor's own awareness (Correct answer)
- A minor requires a court order before any notarization
- A parent must co-sign all documents notarized for a minor
- Minors may never be notarized in Minnesota
Correct answer: The minor must be old enough to understand the document and sign willingly; parental consent does not substitute for the minor's own awareness
Minors can have documents notarized in Minnesota if they are of sufficient age and understanding to comprehend and voluntarily execute the document.
Question 8: How does Minnesota's statutory fee cap protect the public?
- It ensures notaries earn a fair living wage for their services
- It limits competition among notaries in high-demand areas
- It funds the Secretary of State's notary oversight program
- It prevents notaries from exploiting individuals who need notarizations for essential legal documents (Correct answer)
Correct answer: It prevents notaries from exploiting individuals who need notarizations for essential legal documents
The fee cap ensures that notarial services remain accessible and affordable for all Minnesotans, particularly those who need notarizations for important legal transactions.
Question 9: Which of the following is a requirement to become a Minnesota notary public?
- The applicant must be a U.S. citizen
- The applicant must pass a written examination
- The applicant must be a Minnesota resident or have a place of employment or practice in Minnesota (Correct answer)
- The applicant must be a licensed attorney
Correct answer: The applicant must be a Minnesota resident or have a place of employment or practice in Minnesota
Minnesota requires applicants to be residents of the state or have a primary place of employment or practice in Minnesota; citizenship is not a requirement.
Question 10: What is the term length of a Minnesota notary commission?
- Two years
- Five years (Correct answer)
- Ten years
- Four years
Correct answer: Five years
A Minnesota notary commission lasts five years from the date of issuance, after which the notary must renew to continue performing notarial acts.
Question 11: How long is a notary public’s commission valid in Minnesota?
- 10 years
- 6 years
- 1 year
- 4 years (Correct answer)
Correct answer: 4 years
In Minnesota, a notary public's commission is valid for a period of four years. After this term, the notary must reapply and meet all current requirements to renew their commission. This periodic renewal ensures that notaries remain current with legal requirements and maintain their qualifications to perform their duties.
Question 12: Is a Minnesota notary required to charge a fee for each notarial act performed?
- No, a notary may choose to charge less than the maximum or waive the fee entirely (Correct answer)
- Yes, charging the statutory fee is mandatory
- No, but they must document any fee waiver in their journal
- Yes, waiving fees violates competitive business laws
Correct answer: No, a notary may choose to charge less than the maximum or waive the fee entirely
The $5 statutory cap is a maximum, not a minimum — Minnesota notaries are free to charge less or provide free notarial services.
Question 13: If a notary public in Minnesota realizes they have notarized a document that contains false information, what should they do?
- Notify the signer to correct the false information
- Destroy the notarized document
- Ignore it as it is the signer's responsibility
- Report the incident to the Secretary of State and take corrective action (Correct answer)
Correct answer: Report the incident to the Secretary of State and take corrective action
If a Minnesota notary discovers they have notarized a document containing false information, they have a professional and legal obligation to act. They should report the incident to the Minnesota Secretary of State and take appropriate corrective action. Ignoring such an incident could lead to legal consequences for the notary and undermine public trust.
Question 14: A signer in Minnesota presents a tribal identification card. Is this acceptable for identity verification?
- No, tribal IDs are not recognized by Minnesota notaries
- Yes, a government-issued tribal ID card with a photo is generally acceptable (Correct answer)
- No, only state or federal IDs are accepted
- Yes, but only for documents recorded on tribal lands
Correct answer: Yes, a government-issued tribal ID card with a photo is generally acceptable
A tribal identification card issued by a recognized tribal government is a government-issued photo ID and is generally acceptable for identity verification purposes.
Question 15: A Minnesota notary is asked to notarize a document already signed before the notary's arrival. What should the notary do?
- Backdate the notarization to when the document was signed
- Refuse to notarize under any circumstances
- Notarize the document as-is since the signature exists
- Ask the signer to re-sign or acknowledge the signature in the notary's presence (Correct answer)
Correct answer: Ask the signer to re-sign or acknowledge the signature in the notary's presence
The signer must either re-sign the document or personally acknowledge to the notary that the existing signature is their own — both satisfy the presence requirement.
Question 16: What is the maximum fee a Minnesota notary public can charge for a standard notarial act?
- $5 (Correct answer)
- $10
- $2
- $15
Correct answer: $5
Minnesota law sets a maximum fee that a notary public can charge for most standard notarial acts. For each individual notarial act, such as witnessing a signature or administering an oath, the maximum allowable fee is $5. Notaries are required to clearly communicate their fees to signers beforehand.
Question 17: What should a notary public in Minnesota do if they suspect that a document is fraudulent?
- Sign the document with a disclaimer
- Ask the signer to return with additional documents
- Notarize the document but report the suspicion to law enforcement
- Refuse to notarize the document and report the suspicion to law enforcement (Correct answer)
Correct answer: Refuse to notarize the document and report the suspicion to law enforcement
A notary public has a duty to act impartially and to prevent fraud. If a Minnesota notary suspects a document is fraudulent, they must refuse to perform the notarial act. Furthermore, they should report their suspicion to appropriate law enforcement authorities to help prevent illegal activities and uphold the integrity of the notarization process.
Question 18: A Minnesota notary is asked to notarize a document for someone they do not know and who has no photo ID. What is the best course of action?
- Proceed with the notarization based on the signer's verbal assurance
- Refuse to notarize under any circumstances
- Notarize and note the lack of ID in the certificate
- Use a credible identifying witness who personally knows the signer and presents their own ID (Correct answer)
Correct answer: Use a credible identifying witness who personally knows the signer and presents their own ID
When a signer has no acceptable ID, a credible identifying witness who personally knows the signer and can prove their own identity provides an acceptable alternative under Minnesota law.
Question 19: A Minnesota notary is also a named beneficiary in a will they are asked to notarize. Should they proceed?
- No, the notary has a disqualifying conflict of interest and should decline (Correct answer)
- Yes, as long as they disclose their beneficiary status in the certificate
- No, but only if the bequest exceeds $1,000
- Yes, notaries may notarize documents in which they have an interest
Correct answer: No, the notary has a disqualifying conflict of interest and should decline
A notary who has a direct financial or beneficial interest in a document has a conflict of interest and must decline to perform the notarial act.
Question 20: Should a Minnesota notary notarize a document for a signer who appears to be under duress?
- No, but only if the duress is related to a domestic dispute
- Yes, if a witness confirms the signer agreed earlier
- No, the notary should refuse to proceed if the signer appears unwilling or coerced (Correct answer)
- Yes, as long as the signer presents valid ID
Correct answer: No, the notary should refuse to proceed if the signer appears unwilling or coerced
A notary's duty includes confirming the signer is acting voluntarily; apparent duress or coercion is grounds for refusing to perform the notarial act.
Question 21: Which of the following best describes a 'subscribing witness' notarial act?
- The notary signs as a witness to the document
- The signer witnesses another person's signature before the notary
- A witness signs the document and swears before the notary that the principal signed it (Correct answer)
- Two notaries co-witness a single signature
Correct answer: A witness signs the document and swears before the notary that the principal signed it
In a subscribing witness notarization, a witness who observed the principal's signature swears to that fact before the notary, satisfying certain legal requirements.
Question 22: Does Minnesota require notary applicants to complete a training course before receiving a commission?
- No, Minnesota does not mandate pre-commission training (Correct answer)
- Yes, but only for remote online notarization applicants
- Yes, a 6-hour approved course is required
- No, but applicants must pass an open-book test
Correct answer: No, Minnesota does not mandate pre-commission training
Minnesota does not require pre-commission education or training for standard notary applicants, though training is strongly encouraged.
Question 23: Under Minnesota law, what must a notary public do before performing remote online notarizations for the first time?
- Obtain a separate RON-only notary commission from the Secretary of State
- Obtain certification from a federally approved RON vendor
- Complete a 40-hour training course approved by the state bar
- Register as an electronic notary with the Minnesota Secretary of State (Correct answer)
Correct answer: Register as an electronic notary with the Minnesota Secretary of State
Minnesota requires notaries to register with the Secretary of State as an electronic notary before they are authorized to perform electronic or remote online notarial acts.
Question 24: A Minnesota notary notarizes a forged signature without knowledge of the forgery. Are they liable?
- Generally not, if the notary followed all required verification procedures in good faith (Correct answer)
- Yes, unless the notary purchased E&O insurance
- No, criminal liability falls only on the forger
- Yes, the notary is always liable when a notarized document is fraudulent
Correct answer: Generally not, if the notary followed all required verification procedures in good faith
A notary who acts in good faith and follows proper identity verification procedures is generally shielded from liability for fraud perpetrated by the signer.
Question 25: What is the primary method a Minnesota notary must use to verify a signer's identity?
- Asking the signer to state their name and address
- Relying on the signer's employer to vouch for them
- Examining a current government-issued photo identification document (Correct answer)
- Checking the signer's name against a public records database
Correct answer: Examining a current government-issued photo identification document
Minnesota requires the notary to verify identity through satisfactory evidence, most commonly a current government-issued photo ID such as a driver's license or passport.
Question 26: Under Minnesota law, may a notary use an embossing seal as their official seal?
- No, only digital seals are permitted
- Yes, an embossing seal is the preferred official seal
- Yes, if it includes the notary's name and commission number
- No, an embossing seal alone is insufficient — a stamp with legible ink must be used (Correct answer)
Correct answer: No, an embossing seal alone is insufficient — a stamp with legible ink must be used
Minnesota requires that notarial certificates include a legible inked stamp; an embossing seal alone does not produce a reproducible image and is insufficient.
Question 27: How long must a Minnesota notary retain the audio-visual recording of each remote online notarization session?
- 5 years
- 10 years (Correct answer)
- 3 years
- 1 year
Correct answer: 10 years
Minnesota requires RON notaries to retain audio-visual recordings of each session for 10 years as part of their mandatory electronic record-keeping obligations.
Question 28: May a Minnesota notary notarize their own signature on a document?
- No, a notary may not notarize their own signature (Correct answer)
- No, unless the Secretary of State grants written permission
- Yes, as long as they have no financial interest in the document
- Yes, if a second notary witnesses the act
Correct answer: No, a notary may not notarize their own signature
A notary cannot serve as their own notary — the notary must be a disinterested third party, and self-notarization is prohibited under Minnesota law.
Question 29: Under Minnesota law, may a notary notarize a document for a person who is blind?
- No, unless a licensed guardian is present
- No, visually impaired individuals require a power of attorney to sign
- Yes, but the notary must read the document aloud so the signer understands its contents (Correct answer)
- Yes, with no additional steps required
Correct answer: Yes, but the notary must read the document aloud so the signer understands its contents
A notary may assist a visually impaired signer by reading the document aloud, ensuring the person understands what they are signing before the notarial act is completed.
Question 30: Which of the following is NOT a type of notarial act in Minnesota?
- Taking an acknowledgment
- Administering an oath
- Certifying a copy of a document
- Authenticating a foreign document for international use without an apostille (Correct answer)
Correct answer: Authenticating a foreign document for international use without an apostille
Authentication of foreign documents for international use typically requires an apostille issued by the Minnesota Secretary of State, not a standard notarial act.
Question 31: Under Minnesota law, what is the notary's responsibility if a document signer appears intoxicated?
- The notary should ask the signer to return when sober and schedule a new appointment
- The notary should note the condition in the certificate and proceed
- The notary should refuse to perform the notarial act if the signer appears unable to understand or act willingly (Correct answer)
- The notary must proceed if the signer shows valid ID
Correct answer: The notary should refuse to perform the notarial act if the signer appears unable to understand or act willingly
An apparently intoxicated signer may not be able to act voluntarily or understand what they are signing, so the notary should refuse until the signer is in a clear state of mind.
Question 32: Is a surety bond required to obtain a Minnesota notary commission?
- No, Minnesota does not require a surety bond for notary applicants (Correct answer)
- Yes, a $5,000 surety bond is mandatory
- Yes, the bond amount depends on the county
- No, but errors and omissions insurance is mandatory
Correct answer: No, Minnesota does not require a surety bond for notary applicants
Minnesota law does not require notary applicants to obtain a surety bond, though notaries may voluntarily purchase errors and omissions insurance.
Question 33: What type of insurance can a Minnesota notary purchase to protect against claims arising from notarial errors?
- General liability insurance through their employer only
- Professional malpractice insurance only available to attorneys
- Errors and omissions (E&O) insurance (Correct answer)
- Surety bond insurance
Correct answer: Errors and omissions (E&O) insurance
Errors and omissions insurance provides notaries with coverage against claims arising from honest mistakes or negligent acts in performing notarial duties.
Question 34: What is the role of errors and omissions (E&O) insurance in a Minnesota notary's practice?
- It covers the notary for intentional misconduct
- It provides financial protection to the notary against claims arising from unintentional notarial mistakes (Correct answer)
- It guarantees the accuracy of every document the notary notarizes
- It serves as a substitute for the notary's personal liability
Correct answer: It provides financial protection to the notary against claims arising from unintentional notarial mistakes
E&O insurance covers the notary's legal defense costs and potential damages arising from unintentional errors — it does not cover intentional or criminal misconduct.
Question 35: What is a 'loose certificate' in Minnesota notarial practice?
- A certificate that does not require a notary seal
- An informal certificate used for personal documents only
- A certificate that has been detached from its original document
- A separate sheet containing the notarial certificate that is attached to a document lacking one (Correct answer)
Correct answer: A separate sheet containing the notarial certificate that is attached to a document lacking one
A loose certificate is a separate piece of paper with the appropriate notarial certificate wording that is stapled or attached to a document that has no pre-printed certificate.
Question 36: A Minnesota notary's electronic journal entry for each RON session must include:
- The fee charged and the method of payment only
- The full text of the notarized document
- Only the type of notarial act performed
- The date, time, type of act, document description, signer's name, and identity verification method used (Correct answer)
Correct answer: The date, time, type of act, document description, signer's name, and identity verification method used
Minnesota's electronic journal requirements for RON mandate recording the date, time, type of notarial act, document description, signer identification, and the specific method used to verify that identity.
Question 37: Under Minnesota law, a notary may NOT perform which of the following acts?
- Administer an oath
- Certify a copy of a vital record such as a birth certificate (Correct answer)
- Perform a copy certification of a non-vital document
- Take an acknowledgment
Correct answer: Certify a copy of a vital record such as a birth certificate
Minnesota notaries may not certify copies of vital records such as birth or death certificates — those can only be obtained from the state Office of Vital Records.
Question 38: What happens if a Minnesota notary's commission expires before they submit a renewal application?
- They may continue notarizing with their expired stamp for 30 days
- They must stop performing notarial acts and apply for a new commission (Correct answer)
- Their commission is automatically extended for 90 days
- They are permanently barred from reapplying
Correct answer: They must stop performing notarial acts and apply for a new commission
An expired commission means the notary's authority to perform notarial acts has lapsed; they must obtain a new commission before resuming notarizations.
Question 39: Under Minnesota law, may a notary rely on personal knowledge to verify a signer's identity?
- No, personal knowledge is never sufficient in Minnesota
- Yes, but only with the Secretary of State's written approval
- Yes, if the notary personally knows the signer (Correct answer)
- Yes, but only for documents valued under $500
Correct answer: Yes, if the notary personally knows the signer
Minnesota allows a notary to use personal knowledge of the signer as a method of satisfactory identity verification.
Question 40: Which of the following is a notarial act authorized under Minnesota law?
- Recording a deed
- Taking an acknowledgment (Correct answer)
- Issuing a marriage license
- Certifying a court judgment
Correct answer: Taking an acknowledgment
Taking an acknowledgment is one of the core notarial acts authorized for Minnesota notaries under Minn. Stat. § 358A.
Question 41: When is a newly commissioned Minnesota notary permitted to begin performing notarial acts?
- After the commission is printed in the county legal newspaper
- After receiving the commission certificate from the Secretary of State and obtaining their official stamp (Correct answer)
- Immediately upon submitting the application
- After taking an oath of office before a district court judge
Correct answer: After receiving the commission certificate from the Secretary of State and obtaining their official stamp
A new Minnesota notary may begin performing notarial acts once they have received their official commission and have their official notary stamp in hand.
Question 42: In Minnesota, who is responsible for selecting the correct notarial certificate wording?
- The Secretary of State prescribes the exact wording for each document
- The document drafter is solely responsible
- The signer selects the certificate type
- The notary is responsible for ensuring the correct certificate is used (Correct answer)
Correct answer: The notary is responsible for ensuring the correct certificate is used
While the document drafter typically includes certificate wording, the notary bears responsibility for ensuring the certificate accurately reflects the notarial act being performed.
Question 43: What should a Minnesota notary do if they move to a different county within Minnesota?
- Apply for a new commission in the new county
- Surrender the current commission and reapply
- File a change of address with the county recorder in the new county
- Notify the Secretary of State of the new address; the commission remains valid statewide (Correct answer)
Correct answer: Notify the Secretary of State of the new address; the commission remains valid statewide
A Minnesota notary commission is valid throughout the entire state, so moving counties does not invalidate the commission — only address notification to the Secretary of State is required.
Question 44: A Minnesota electronic notary seal must include which of the following required elements?
- The notary's Social Security number and commission number only
- The county in which the notary resides and their date of birth
- The notary's photograph and digital fingerprint
- The notary's name, commission expiration date, and state jurisdiction (Correct answer)
Correct answer: The notary's name, commission expiration date, and state jurisdiction
A Minnesota electronic notary seal must include the notary's name, the text 'Notary Public, State of Minnesota,' and the notary's commission expiration date, mirroring traditional seal requirements.
Question 45: What must an applicant submit when applying for a Minnesota notary commission?
- A completed application, a surety bond, and proof of notary training
- A completed application filed with the county recorder
- A completed application, two character references, and a background check
- A completed application and the required filing fee submitted to the Secretary of State (Correct answer)
Correct answer: A completed application and the required filing fee submitted to the Secretary of State
Minnesota applicants must submit a completed application form and pay the statutory application fee to the Secretary of State's office.
Question 46: In Minnesota, which of the following documents is acceptable for identity verification?
- A current U.S. passport (Correct answer)
- A student ID card without a photo
- A utility bill with the signer's name and address
- An expired driver's license from another state
Correct answer: A current U.S. passport
A current, unexpired U.S. passport is a government-issued photo ID that satisfies Minnesota's identity verification requirements.
Question 47: What is the maximum fee a Minnesota notary public can charge for administering an oath or affirmation?
- $2
- $10
- $15
- $5 (Correct answer)
Correct answer: $5
Similar to other standard notarial acts, Minnesota law sets a maximum fee for administering an oath or affirmation. A notary public can charge no more than $5 for this service. This standardized fee helps ensure fair and consistent pricing for notarial services across the state, preventing excessive charges.
Question 48: What is the filing fee for a Minnesota notary commission application as established by statute?
- A fee of $500 regardless of commission term
- A fee determined by the county of application
- A fee set by the Secretary of State and payable at the time of application (Correct answer)
- No fee — Minnesota commissions are free to applicants
Correct answer: A fee set by the Secretary of State and payable at the time of application
Minnesota law establishes that a filing fee is required at the time of application, with the amount set by the Secretary of State's office.
Question 49: A Minnesota notary must refuse to proceed with a RON session if:
- The signer is physically located in a foreign country
- The signer appears unwilling to sign voluntarily or lacks the mental capacity to understand the document (Correct answer)
- The signer is using a webcam older than the current model year
- The document to be notarized exceeds 20 pages in length
Correct answer: The signer appears unwilling to sign voluntarily or lacks the mental capacity to understand the document
A notary must refuse any notarization—including RON—if the signer appears to be acting under duress, lacks willingness, or does not have the mental capacity to understand what they are signing.
Question 50: What must a notary public in Minnesota do if they change their address?
- Notify the Secretary of State within 30 days (Correct answer)
- Publish a notice in a local newspaper
- Update their notarial journal
- Request a new notary seal
Correct answer: Notify the Secretary of State within 30 days
Minnesota notaries are required to keep their commission information current with the Secretary of State. If a notary changes their residential or business address, they must notify the Secretary of State of this change within 30 days. This ensures that official records are accurate and the notary can be reached for official communications or inquiries.
Minnesota Notary Public Exam
The Minnesota Notary Public exam tests knowledge of Minnesota notary laws, proper notarial acts and procedures, identity verification requirements, commission application and renewal rules, and notary fees and liability under Minnesota Statutes Chapters 357, 358, and 359.
Exam Rules
- You can skip questions and return to them later
- Flag questions for review before submitting
- No feedback shown until you submit the entire exam
- Unanswered questions count as wrong — answer everything
- 10 pretest questions are mixed in and don't affect your score
- Timer auto-submits when time runs out
- Your progress is auto-saved every 30 seconds