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NC Notary Questions and Answers
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10B-
This Article is the "_______________________" and may be cited by that name. ✔✔Notary Public Act
10B- This Chapter shall be construed and applied to advance its underlying purposes, which are the following: (1) To promote, serve, and protect the _________ interests. (2) To ____________, ___________, and __________________ the law governing notaries. (3) To prevent ___________ and ___________. (4) To foster __________ conduct among notaries. (5) To enhance interstate ________________ of notarial acts. (6) To integrate procedures for traditional ____________ and _________________ notarial acts. ✔✔1. public
- simplify, clarify, and modernize
- fraud and forgery
- ethical
- recognition
- paper and electronic
10B-3 (1) A notarial act in which: a. An individual appeared in person before the notary. b. The individual was personally known to the notary or identified by the notary through satisfactory evidence c. The individual indicated to the notary that the signature on the record was the individual's signature OR the individual signed the record while in the physical presence of the notary ✔✔Acknowledgment
10B-3 (2)
A notarial act in which: a. An individual appeared in person before the notary. b. The individual was personally known to the notary or identified by the notary through satisfactory evidence
10B-3 (5)
An individual who is personally known to the notary and to whom all of the following also apply: a. The notary believes the individual to be honest and reliable for the purpose of confirming to the notary the identity of another individual. b. The notary believes the individual is not a party to or beneficiary of the transaction. ✔✔Credible witness
10B-3 (18)
a. In the case of an acknowledgment, the individual whose identity and due execution of a record is being certified by the notary. b. In the case of a verification or proof, the individual other than a subscribing witness, whose: i. Identity and due execution of the record is being proven; or ii. Signature is being identified as genuine. c. In the case of an oath or affirmation, the individual who makes a vow of truthfulness on penalty of perjury ✔✔Principal
10B-3 (22)
Identification of an individual based on either of the following:
a. At least one current document issued by a federal, state, or federal or state-recognized tribal government agency bearing the photographic image of the individual's face and either the signature or a physical description of the individual. b. The oath or affirmation of one credible witness who personally knows the individual seeking to be identified ✔✔Satisfactory evidence
10B-3 (3)
The completion of a certificate by a notary who has performed a notarial act. ✔✔Attest or attestation
10B-3 (4) The empowerment to perform notarial acts and the written evidence of authority to perform those acts. ✔✔Commission
10B-3 (8)
A notary's certificate evidencing the administration of an oath or affirmation. ✔✔Jurat
10B-3 (9)
Conduct contrary to expected standards of honesty, morality, or integrity. ✔✔Moral turpitude
10B-5 (b) A person qualified for a notarial commission shall meet all of the following requirements: (1) Be at least __ years of age or legally emancipated (2) Reside or have a regular place of work or business in ______________. (3) Reside legally in the ___________________. (4) Speak, read, and write the ____________ language. (5) Possess a ___________ diploma or equivalent. (6) Pass the course of instruction described in this Article, unless the person is a licensed member of the __________________________________. (7) Purchase and keep as a reference the _____ __________ manual approved by the _____________ that describes the duties and authority of notaries public. (8) Submit an _______________ containing no significant misstatement or omission of fact. The _________________ form shall be provided by the Secretary and be available at the register of deeds office in each county. Every _______________ shall ✔✔1. 18
- this State
- United States
- English
- high school
- North Carolina State Bar
- most recent, Secretary
- application
10B-5 (c) The notary shall be commissioned in his or her _________ ___ _______________, unless the notary is not a North Carolina resident, in which case he or she shall be commissioned in the county of his or her __________________ or ____________________ ✔✔county of residence, employment or business
10B-5 (d) (2) In no case may a commission be issued to an applicant within __ years after release from prison, probation, or parole, whichever is later. ✔✔ 10
10B-5 (d) (4) In no case may a commission be issued to an applicant within __ years after the completion of all conditions of any disciplinary order ✔✔ 5
10B-
(3) The _______ ___________ for the applicant's residence, the ________ ____________ for the applicant's residence, and the ____________ ____________ for the applicant's residence. (4) The applicant's ___________ of residence. (5) The ______ of the applicant's employer, the _________ and __________ _____________ for the applicant's employer, and ____________ ____________ for the applicant's employer. (6) The last _____ digits of the applicant's social security number. (7) The applicant's personal and business __________ addresses. (8) A declaration that the applicant is a citizen of the _______________________ or proof of the applicant's legal residency in this country. (9) ✔✔1. full legal name, name
- date of birth
- mailing address, street address, telephone number
- county
- name, street and mailing address, telephone number
- four
- e-mail
- United States
- English
- state or nation
- criminal convictions
- civil findings
10B-8 (a) Every applicant for an initial notary commission shall, within the ________ months preceding application, take a course of classroom instruction of not less than ___ hours approved by the Secretary and take a written examination approved by the Secretary. An applicant must answer at least _______ percent of the questions correctly in order to pass the exam. ✔✔3, 6, 80
10B-
A person commissioned under this Chapter may perform notarial acts in any part of this State for a term of _____ years, unless the commission is earlier revoked or resigned. ✔✔ 5
10B-10 (b) the appointee shall appear before the register of deeds no later than ___ days after commissioning ✔✔ 45
10B-10 (c)
An instructor must meet the following requirements to be certified to teach a course of study for notaries public: (1) Complete and pass an instructor certification course of not less than ___ hours taught by the Director or other person approved by the Secretary. (2) Have at least ____ year(s) of active experience as a notary public. (3) Maintain a current ________________ as a notary public. (4) Possess the __________ notary public guidebook.
(5) Pay a nonrefundable fee of _______ dollars. ✔✔1. 6
- 1
- commission
- current
- 50
10B-14 (b)
Certification to teach a course of study for notaries shall be effective for ____ years. ✔✔ 2
10B-14 (c)
The following individuals may be certified to teach a course of study for notaries public without paying the fee required by this section, and they may renew their certification without paying the renewal fee, so long as they remain actively employed in the capacities named: (1) ______________ ___ _______. (2) ___________ ___ _________.
(3) The _____________ and other duly authorized employees of the Secretary ✔✔1. Registers of deeds.
- Clerks of court.
- Director
10B-20 (a) A notary may perform any of the following notarial acts: (1) ________________________________. (2) ________ and ____________________. (3) Repealed by Session Laws 2006-59, s. 6, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after October 1, 2006.
(4) __________________ or ___________. ✔✔1. Acknowledgments
- Oaths and affirmations
- REPEALED
(2) The ________________ or _____________ _____________ is not personally known to the notary or identified by the notary through satisfactory evidence. (2a) The _____________ witness is not personally known to the notary. (3), (4) Repealed by Session Laws 2006-59, s. 8, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after October 1, 2006. (5) The notary is a _______ of, _______ to, or _____________ of the record, that is to be notarized. (6) The notary will receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration ______________ ✔✔1. principal or subscribing witness
- principal or subscribing witness 2a. credible
- REPEALED
- REPEALED
- signer of, party to, or beneficiary of the record
- exceeding
10B-20 (d) A notary may certify the affixation of a signature by mark on a record presented for notarization if:
(1) The ______ is affixed in the presence of the notary; (2) The notary writes ________ the mark: "Mark affixed by (name of signer by mark) in presence of undersigned notary"; and (3) The notary ____________ the signature by performing an acknowledgment, oath or affirmation, jurat, or verification or proof. ✔✔1. mark
- below
- notarizes
10B-20 (e) If a principal is physically unable to sign or make a mark on a record presented for notarization, that principal may designate another person as his or her designee, who shall be a disinterested party, to sign on the principal's behalf pursuant to the following procedure: (1) The principal directs the designee to sign the record in the presence of the notary and _____ witness(es) unaffected by the record; (2) The __________ signs the principal's name in the presence of the principal, the notary, and the two witnesses; (3) Both witnesses sign their own names to the record near the ______________ _______________; (4) The notary writes ________ the principal's signature: "Signature affixed by designee in the presence of (names and addresses of principal and witnesses)"; and
include with the advertisement "I (AM/AM NOT) AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF NORTH CAROLINA, AND I (MAY/MAY NOT) GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." ✔✔AM NOT, MAY NOT
10B-20 (k) A nonattorney notary (shall/shall not) assist another person in drafting, completing, selecting, or understanding a record or transaction requiring a notarial act. ✔✔shall not
10B-20 (m) If notarial certificate wording is not provided or indicated for a record, a notary who is not also a licensed attorney (shall/shall not) determine the type of notarial act or certificate to be used. ✔✔shall not
10B-20 (o) Before signing a notarial certificate a notary (shall/shall not) cross out or mark through all blank lines or spaces in the certificate. ✔✔shall
10B-22 (a)
A notary (shalll/shall not) execute a notarial certificate containing information known or believed by the notary to be false. ✔✔shall not
10B-22 (b) A notary shall not execute a certificate that is not written in the __________ language. A notary may execute a certificate written in the ____________ language that accompanies a record written in another language, which record may include a translation of the notarial certificate into the other language. In those instances, the notary shall execute only the ___________ language certificate. ✔✔English
10B-23 (a) A notary (shall/shall not) notarize a signature on a record without a notarial certificate indicating what type of notarial act was performed. A notary (may/may not) administer an oath or affirmation without completing a jurat. ✔✔shall not, may
10B-23 (b) A notary (shall/shall not) certify, notarize, nor authenticate a photograph. ✔✔shall not
10B-
