North Dakota Notary Public Knowledge Assessment — Questions and Answers

Question 1: Which of the following would make an individual ineligible to receive a North Dakota notary commission?

Living in a rural county
Working only part-time
Being under indictment for or convicted of a felony without having rights restored (Correct answer)
Being a non-attorney

Correct answer: Being under indictment for or convicted of a felony without having rights restored

A person under felony indictment or with an unrestored felony conviction does not meet the good character requirement for a notary commission.

Question 2: Which of the following is a requirement for performing a valid notarial act in North Dakota?

The notary must charge a specific fee for each act
The notary must be physically present with the signer (Correct answer)
The notary must have a witness present
The notary must be a licensed attorney

Correct answer: The notary must be physically present with the signer

For a valid notarial act in North Dakota, the notary public must be physically present with the signer, unless performing a remote online notarization (RON) under specific state regulations. This physical presence allows the notary to verify the signer's identity, observe their willingness, and ensure the integrity of the signing process.

Question 3: A North Dakota notary is asked to notarize a financial power of attorney for an elderly person. During the appointment, the notary suspects the signer may be under duress. What is the correct action?

Notarize the document but add a note about the suspected duress
Complete the notarization and report suspicions to authorities afterward
Ask the person accompanying the signer to leave, then re-evaluate
Refuse to perform the notarization (Correct answer)

Correct answer: Refuse to perform the notarization

If a notary has reasonable suspicion that a signer is under duress or coercion, the notary must refuse to perform the notarial act.

Question 4: A signer appears to be under the influence of alcohol when arriving for a notarization. What is the notary's legal and ethical responsibility?

Proceed if the signer can physically hold a pen
Ask a witness to co-sign to validate the signer's capacity
Refuse to notarize because the signer may lack the capacity to understand what they are signing (Correct answer)
Notarize and note the condition in the journal only

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

A notary must not notarize for a signer who lacks the capacity to understand the nature of the act due to intoxication or other impairment.

Question 5: When a borrower signs a promissory note before a North Dakota notary, what type of notarial act is typically performed?

Protest of a negotiable instrument
Acknowledgment or jurat, depending on the document's requirements (Correct answer)
Certification of a true copy
Apostille certification

Correct answer: Acknowledgment or jurat, depending on the document's requirements

Promissory notes may require an acknowledgment or a jurat depending on the lender's requirements and how the document is drafted.

Question 6: What must a North Dakota notary do immediately upon losing their official seal?

Notify the Secretary of State only if the seal has been used fraudulently
File a police report and wait 30 days before resuming
Notify the Secretary of State and refrain from notarizing until a replacement seal is obtained (Correct answer)
Order a replacement seal and continue working

Correct answer: Notify the Secretary of State and refrain from notarizing until a replacement seal is obtained

A lost or stolen seal must be reported to the Secretary of State promptly, and the notary should not perform acts without the required seal.

Question 7: What forms of identification are acceptable for notaization in North Dakota?

A credit card with the signer's name
A student ID from any institution
A current government-issued photo ID such as a driver's license or passport (Correct answer)
A library card

Correct answer: A current government-issued photo ID such as a driver's license or passport

North Dakota requires satisfactory evidence of identity, which typically means a current, government-issued identification document containing a photograph and signature.

Question 8: In North Dakota, must a notary maintain a journal of notarial acts?

Only if requested by the signer
No, journals are optional
Yes, a notary is required to maintain a journal recording all notarial acts performed (Correct answer)
Only for real estate transactions

Correct answer: Yes, a notary is required to maintain a journal recording all notarial acts performed

North Dakota requires notaries to maintain a journal that records all notarial acts, including the date, type of act, signer's name, identification method, and type of document.

Question 9: What is a signature witnessing in North Dakota notarial practice?

A type of jurat
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
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 10: A notary notarizes a deed and later learns that the transaction was part of a mortgage fraud scheme. Which statement is most accurate?

The notary bears no responsibility if they followed proper notarization procedures
The notary may face civil liability if negligence contributed to the fraudulent transaction (Correct answer)
Only the attorney who drafted the deed is legally responsible
The notary is automatically criminally liable for participating in fraud

Correct answer: The notary may face civil liability if negligence contributed to the fraudulent transaction

If a notary's negligence (e.g., failure to verify identity) contributed to a fraudulent act, they may face civil liability even if not criminally culpable.

Question 11: How long must a North Dakota notary retain their journal after their commission expires?

5 years
3 years
10 years (Correct answer)
Indefinitely

Correct answer: 10 years

North Dakota requires notaries to retain their journal records for at least 10 years after the notarial act was performed, even after the commission expires.

Question 12: What happens to an electronic notarization if the notary's digital certificate has expired at the time of signing?

The notarization is invalid because the certificate must be active (Correct answer)
The notarization is still valid if the document is otherwise correct
The platform automatically renews the certificate
The signer can use their own certificate instead

Correct answer: The notarization is invalid because the certificate must be active

An expired digital certificate invalidates an electronic notarization because the certificate must be current and valid at the time the notarization is performed.

Question 13: A notary receives a subpoena requesting their notarial journal. What is the proper response?

Comply with the subpoena and produce the journal as required by law (Correct answer)
Refuse on the grounds of notarial confidentiality
Destroy the journal to protect client privacy
Contact the Secretary of State and wait for permission to comply

Correct answer: Comply with the subpoena and produce the journal as required by law

A valid subpoena is a legal order; the notary must comply and produce the journal, as notaries do not have a confidentiality privilege over their records.

Question 14: What ethical responsibility does a North Dakota notary have regarding keeping their notarial seal secure?

The seal may be shared with office staff for convenience
The seal only needs to be secured when not in use during business hours
Security requirements for the seal are optional under state law
The notary must keep the seal under their exclusive control at all times (Correct answer)

Correct answer: The notary must keep the seal under their exclusive control at all times

The notarial seal is an official instrument and must remain exclusively under the notary's control to prevent unauthorized use.

Question 15: A notary applicant in North Dakota who is a citizen of another country but holds a green card and works full-time in Fargo — are they eligible for a commission?

No, only residents who were born in the US qualify
Yes, lawful permanent residents who are employed in North Dakota are eligible (Correct answer)
Yes, but only for a 1-year provisional commission
No, only US citizens may become notaries in North Dakota

Correct answer: Yes, lawful permanent residents who are employed in North Dakota are eligible

North Dakota does not restrict notary eligibility to US citizens; lawful permanent residents who meet residency or employment requirements are eligible.

Question 16: When performing a jurat in North Dakota, at what point must the signer sign the document?

In the presence of the notary (Correct answer)
After the notary completes the certificate
Any time before the notary seals the document
Before the notary is contacted

Correct answer: In the presence of the notary

A jurat requires the signer to sign the document in the notary's presence and swear or affirm to the truthfulness of its contents.

Question 17: Can a North Dakota notary notarize a document for a family member?

Yes, without any restrictions
It is strongly discouraged and may be prohibited if the notary has a financial interest in the transaction (Correct answer)
Only for parents and siblings
Only with written permission from the Secretary of State

Correct answer: It is strongly discouraged and may be prohibited if the notary has a financial interest in the transaction

While not always explicitly prohibited, notarizing for family members creates a conflict of interest, especially if the notary has a financial interest in the transaction, and most authorities strongly discourage it.

Question 18: Can a North Dakota notary provide legal advice to a document signer?

No, notaries are prohibited from providing legal advice unless they are also licensed attorneys (Correct answer)
Yes, notaries can advise on basic legal matters
Only for simple documents
Only if the signer requests advice

Correct answer: No, notaries are prohibited from providing legal advice unless they are also licensed attorneys

Notaries are not authorized to practice law, and providing legal advice constitutes unauthorized practice of law unless the notary is also a licensed attorney.

Question 19: In North Dakota, can a notary administer an oath for a deposition?

Yes, notaries have the authority to administer oaths for depositions (Correct answer)
No, only judges can administer oaths for depositions
Only attorneys can administer deposition oaths
Only court-appointed notaries can do this

Correct answer: Yes, notaries have the authority to administer oaths for depositions

North Dakota notaries have the authority to administer oaths and affirmations, including those required for depositions in legal proceedings.

Question 20: Can a North Dakota notary advertise themselves as a 'notario publico'?

Yes, it is a direct translation
Only if they speak Spanish
No, using this term may mislead Spanish-speaking individuals into believing the notary can provide legal services (Correct answer)
Only with state approval

Correct answer: No, using this term may mislead Spanish-speaking individuals into believing the notary can provide legal services

The term 'notario publico' in many Latin American countries refers to a person with legal authority similar to an attorney. Using this term could constitute unauthorized practice of law by creating false expectations.

Question 21: Who has the authority to appoint notaries public in North Dakota?

The Secretary of State (Correct answer)
County Clerks
The State Supreme Court
The Governor

Correct answer: The Secretary of State

The North Dakota Secretary of State is the appointing authority for notaries public in the state.

Question 22: A signer presents a valid passport as identification but the notary personally knows the person used a different name professionally. What should the notary do?

Accept the passport as satisfactory evidence of identity and proceed (Correct answer)
Call law enforcement before proceeding
Require a second form of ID from a government database
Reject the identification and demand a different ID

Correct answer: Accept the passport as satisfactory evidence of identity and proceed

A current, unexpired government-issued photo ID such as a passport is satisfactory evidence of identity regardless of other names the signer may use.

Question 23: What is the proper procedure for a North Dakota notary when asked to notarize a document in a language they do not understand?

The notary can notarize any document regardless of language
The notary must translate the document first
The notary may proceed if they can communicate with the signer and verify identity, but cannot certify the contents (Correct answer)
The notary must refuse entirely

Correct answer: The notary may proceed if they can communicate with the signer and verify identity, but cannot certify the contents

A notary can perform the notarial act if they can communicate with the signer and verify identity, but they are certifying the signing, not the content of the document.

Question 24: What information must be recorded in a North Dakota notary's journal for each notarial act?

Only the type of document
Only the notary's fee charged
Date, type of act, signer's name, type of ID used, and description of the document (Correct answer)
Only the date and signer's name

Correct answer: Date, type of act, signer's name, type of ID used, and description of the document

The journal must include the date of the notarial act, the type of act performed, the signer's name and address, the identification method used, the type of document, and the fee charged.

Question 25: What should a North Dakota notary do if they are named as a beneficiary in a document they are asked to notarize?

Proceed but disclose the conflict
Notarize but add a disclaimer to the certificate
Refuse to notarize because they have a direct financial interest in the transaction (Correct answer)
Proceed if no other notary is available

Correct answer: Refuse to notarize because they have a direct financial interest in the transaction

A notary with a direct financial interest in a transaction has a conflict of interest that prohibits them from performing the notarial act, regardless of circumstances.

Question 26: In North Dakota, what is the penalty for a notary who knowingly notarizes a fraudulent document?

A written warning only
Temporary suspension of commission
Criminal charges, civil liability, and revocation of notary commission (Correct answer)
A small fine

Correct answer: Criminal charges, civil liability, and revocation of notary commission

A notary who knowingly participates in fraud can face criminal prosecution, civil liability for damages, and permanent revocation of their notary commission.

Question 27: A North Dakota notary is using a RON platform and the audio-visual connection drops mid-session. What should the notary do?

Terminate the session and restart with an uninterrupted connection before proceeding (Correct answer)
Complete the notarization based on what was seen before the connection dropped
Ask a witness to vouch for the signer's identity instead
Have the signer email a photo of the signed document

Correct answer: Terminate the session and restart with an uninterrupted connection before proceeding

If the real-time audio-visual connection is interrupted, the notary must not proceed until an uninterrupted connection is re-established.

Question 28: In North Dakota, remote online notarization (RON) requires the notary to use which of the following?

Audio-video communication technology that allows real-time interaction (Correct answer)
A fax machine to transmit signed documents
An in-person backup witness at the signer's location
Only audio communication with the signer

Correct answer: Audio-video communication technology that allows real-time interaction

North Dakota's RON framework requires real-time two-way audio-video communication between the notary and the remotely located principal.

Question 29: Is a North Dakota notary required to have errors and omissions insurance?

It is recommended but not always required by law for traditional notaries, though it may be required for remote notarization (Correct answer)
Only government-employed notaries need insurance
No, insurance is never needed
Yes, it is always required

Correct answer: It is recommended but not always required by law for traditional notaries, though it may be required for remote notarization

While E&O insurance is strongly recommended for all notaries, North Dakota may require it specifically for remote online notarization but not necessarily for all traditional notarial acts.

Question 30: Can a North Dakota notary notarize their own signature?

Yes, but only for personal documents
Yes, in all circumstances
No, a notary cannot notarize their own signature (Correct answer)
Yes, if another witness is present

Correct answer: No, a notary cannot notarize their own signature

A notary cannot notarize their own signature because they cannot serve as an impartial witness to their own act, which creates a conflict of interest.

Question 31: What must a notary do when completing a notarial certificate for a document?

Add a statement about the document’s content
Provide a detailed summary of the document
Affix their personal seal or signature only
Fill in the notary’s name and commission details (Correct answer)

Correct answer: Fill in the notary’s name and commission details

When completing a notarial certificate, the notary must accurately fill in their own name, the date of the act, the county and state where the act occurred, and their commission expiration date. This information, along with their signature and seal, authenticates the notarial act and confirms their authority.

Question 32: Which category of individuals is NOT eligible to apply for a North Dakota notary public commission?

An 18-year-old US citizen residing in North Dakota
A licensed attorney residing in North Dakota
A permanent resident alien regularly employed in North Dakota
A convicted felon whose civil rights have not been restored (Correct answer)

Correct answer: A convicted felon whose civil rights have not been restored

A person whose civil rights have not been restored following a felony conviction does not meet the character requirements for a notary commission.

Question 33: What constitutes unauthorized practice of law by a notary in North Dakota?

Certifying copies of documents
Drafting legal documents, advising on legal rights, or selecting documents for a client (Correct answer)
Witnessing signatures
Administering oaths

Correct answer: Drafting legal documents, advising on legal rights, or selecting documents for a client

Drafting legal documents, advising on legal rights and remedies, or helping clients select which documents to use constitutes unauthorized practice of law.

Question 34: When notarizing a document related to real estate transactions, what should the notary check?

The legal description of the property (Correct answer)
The notarization date only
The financial status of the parties involved
The witness signatures

Correct answer: The legal description of the property

While a notary public does not verify the accuracy or legality of a document's content, they must ensure the document is complete and not blank in critical areas before notarizing. In real estate transactions, the legal description of the property is a fundamental identifying component, and a notary should ensure this section is filled out, rather than left blank, to prevent potential issues with the document's validity.

Question 35: A North Dakota notary is also a licensed real estate agent. When may they notarize documents in a real estate transaction they are involved in as an agent?

Only for the buyer, not the seller, in the same transaction
Always, because professional licensure implies competency
Never in a transaction where they receive a commission or have a financial interest (Correct answer)
Only if all parties provide written consent

Correct answer: Never in a transaction where they receive a commission or have a financial interest

A notary with a direct financial interest in a transaction — such as earning a commission — is prohibited from notarizing documents in that transaction.

Question 36: What should a North Dakota notary do if they discover an error in a completed notarial certificate?

Draw a line through the error, make the correction, and initial and date the change (Correct answer)
Rewrite the entire document
Ignore minor errors
Use correction fluid to cover the error

Correct answer: Draw a line through the error, make the correction, and initial and date the change

Errors should be corrected by drawing a single line through the mistake, writing the correction nearby, and initialing and dating the change. This maintains transparency and an audit trail.

Question 37: Which statement best describes a North Dakota notary's duty of impartiality?

A notary must always favor the party who hired them
A notary must serve all eligible requesters equally without bias or personal interest (Correct answer)
Impartiality only applies when notarizing government documents
A notary may decline requests based on the content of the document

Correct answer: A notary must serve all eligible requesters equally without bias or personal interest

Impartiality is a core duty: a notary must not favor any party and must serve all eligible signers equally.

Question 38: How should a North Dakota notary handle a request to backdate a notarial certificate?

Backdate only for documents signed within the past week
Backdate if the signer signs an indemnity agreement
Backdate if the signer provides a reasonable explanation
Refuse, as backdating is fraudulent and violates notary law (Correct answer)

Correct answer: Refuse, as backdating is fraudulent and violates notary law

Backdating a notarial certificate is fraudulent. The notary must always record the actual date the notarial act was performed, never a different date.

Question 39: What should be included in the notary's official stamp or seal in North Dakota?

The notary's name and address
The notary's name, the words 'Notary Public,' 'State of North Dakota,' and the commission expiration date (Correct answer)
Only the state name
Only the notary's name

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.

Question 40: What geographic area may a North Dakota notary public perform notarial acts within?

Only in the county where they reside
In any state that has reciprocity with North Dakota
Only in counties where they are registered
Statewide throughout North Dakota (Correct answer)

Correct answer: Statewide throughout North Dakota

A North Dakota notary commission grants statewide jurisdiction, allowing notarial acts to be performed anywhere within the state.

North Dakota Notary Public Knowledge Assessment

Covers North Dakota notary law, notarial acts, ethical obligations, signer identification, and record-keeping requirements as outlined by the ND Secretary of State. North Dakota does not mandate a formal exam, but notaries are expected to understand these domains before commissioning.

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60 min

Time Limit

70%

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