ND Notary Legal and Ethical Responsibilities 3

Question 1

Under North Dakota law, what is the maximum fee a notary may charge for performing a single notarial act?

Accepted Answer

$10

Answer

$5

Answer

$15

Answer

$25

Question 2

A notary is asked to perform a jurat but the signer refuses to take the verbal oath. What should the notary do?

Accepted Answer

Refuse to complete the jurat — the verbal oath is legally required

Answer

Complete the jurat without the oath since the signer is present

Answer

Substitute an acknowledgment for the jurat

Answer

Have the signer initial a written statement waiving the oath

Question 3

Which situation would most likely constitute unauthorized practice of law by a North Dakota notary?

Accepted Answer

Explaining to a signer which specific legal document they should use for their situation

Answer

Informing a signer of the maximum fee allowed by law

Answer

Providing a blank copy of a commonly used form

Answer

Translating a document title for a non-English speaker

Question 4

A North Dakota notary's commission is expiring in 30 days. Which statement is accurate?

Accepted Answer

The notary must stop performing notarial acts on the commission expiration date

Answer

The notary may continue performing acts for 60 days after expiration

Answer

The notary's seal remains valid for 90 days after expiration

Answer

The Secretary of State automatically renews active commissions

Question 5

When a notary performs an acknowledgment, what is the notary legally certifying?

Accepted Answer

That the signer personally appeared, was identified, and acknowledged signing voluntarily

Answer

That the document's contents are true and accurate

Answer

That the document was prepared by a licensed attorney

Answer

That all parties to the document are legally competent

Question 6

Under North Dakota law, a notary is required to maintain a journal of notarial acts. How long must the journal be retained after the last entry?

Accepted Answer

10 years

Answer

1 year

Answer

3 years

Answer

5 years

Question 7

A signer appears to be under the influence of alcohol when arriving for a notarization. What is the notary's legal and ethical responsibility?

Accepted Answer

Refuse to notarize because the signer may lack the capacity to understand what they are signing

Answer

Proceed if the signer can physically hold a pen

Answer

Notarize and note the condition in the journal only

Answer

Ask a witness to co-sign to validate the signer's capacity