Practice Questions

Question 1

NPA 10B-1 This Article is the “_________Act” and may be cited by that name.

Answer 1

This Article is the “Notary Public Act” (NPA) and may be cited by that name.

Question 2

True or False

10B-2 One of the stated purposes of the Notary Public Act (NPA) is to enhance interstate recognition of notarial acts.

Answer 2

TRUE
The NPA is intended to promote public interests, simplify, clarify, and modernize the law governing notaries, prevent fraud and forgery, foster ethical conduct, enhance interstate recognition of notarial acts, and integrate procedures for traditional paper and electronic notarial acts.

Question 3

NPA 10B-3 The making of a vow of truthfulness on penalty of perjury on personal honor without invoking a deity or using any form of the word “swear” is known as a(n) ____________.

Answer 3

The making of a vow of truthfulness on penalty of perjury on personal honor without invoking a deity or using any form of the word “swear” is known as an affirmation. (An affirmation is legally equivalent to an oath.)

Question 4

NPA 10B-3 “Attest or attestation” is the completion of a _________ by a notary who has performed a notarial act.

Answer 4

“Attest or attestation” is the completion of a certificate by a notary who has performed a notarial act.

Question 5

NPA 10B-3 An acknowledgment is a notarial act by the ______.

Answer 5

An acknowledgment is a notarial act by the notary. It certifies: 1. that the individual appeared before the notary, 2. that the individual is personally known to the notary (by personal identification or satisfactory evidence), and 3. that the individual signed before the notary or indicated to the notary that he did sign the document.

Question 6

NPA 10B-3 A “credible witness” (may? / must?) be personally known to the notary.

Answer 6

A “credible witness” MUST be personally known to the notary (personal or business contacts). Notary must also believe person to be honest and reliable, and not a party or beneficiary of the transaction.

Question 7

NPA 10B-3 A notary’s certificate evidencing the administration of an oath or affirmation is known as a(n) ________.

Answer 7

A notary’s certificate evidencing the administration of an oath or affirmation is known as a jurat.

Question 8

NPA 10B-3 The act of taking an acknowledgment, taking a verification or proof, or administering an oath or affirmation that a notary is empowered to perform is called____________.

Answer 8

The act of taking an acknowledgment, taking a verification or proof or administering an oath or affirmation that a notary is empowered to perform is called a notarial act, notary act, and notarization.

Question 9

The act of taking an acknowledgment, taking a verification or proof or administering an oath or affirmation that a notary is empowered to perform is called a notarial act, notary act, and notarization.

Answer 9

The portion of a notarized record that is completed by the notary, bears the notary’s signature and seal, and states the facts attested by the notary in a particular notarization is called a notarial certificate and certificate.

Question 10

True or False

NPA 10B-3 A notary is a private officer of the State of North Carolina.

Answer 10

FALSE A notary is a PUBLIC officer of the State of North Carolina.

Question 11

NPA 10B-3 Satisfactory evidence, relating to the identification of an individual may be based on 1) 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, or 2) __________________.

Answer 11

Satisfactory evidence, relating to the identification of an individual may be based on 1) 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, or 2) The oath or affirmation of one credible witness who personally knows the individual seeking to be identified.

Question 12

NPA 10B-3 A person who signs a record for the purpose of being a witness to the principal’s execution of the record or to the principal’s acknowledgment of his or her execution of the record. is called a ________ witness.

Answer 12

A person who signs a record for the purpose of being a witness to the principal’s execution of the record or to the principal’s acknowledgment of his or her execution of the record is called a subscribing witness.

Question 13

NPA 10B-5 A person qualified for a notarial commission shall be at least ____ years of age or legally emancipated.

Answer 13

A person qualified for a notarial commission shall be at least 18 years of age or legally emancipated.

Question 14

NPA 10B-5 A person qualified for a notarial commission shall reside legally in the United States and have a regular place of work or business in _________.

Answer 14

A person qualified for a notarial commission shall reside legally in the United States and have a regular place of work or business in this state (North Carolina).

Question 15

NPA 10B-5 A person qualified for a notarial commission shall speak, read, and write the ______ language.

Answer 15

A person qualified for a notarial commission shall speak, read, and write the English language.

Question 16

NPA 10B-5 A person qualified for a notarial commission shall possess a ______ diploma or equivalent.

Answer 16

A person qualified for a notarial commission shall possess a high school diploma or equivalent.

Question 17

NPA 10B-5 A person who is a licensed member of the ___________ is not required to pass the course of instruction described in the Notary Public Act.

Answer 17

A person who is a licensed member of the North Carolina State Bar is not required to pass the course of instruction described in the Notary Public Act.

Question 18

True or False

NPA 10B-5 A notary public must purchase and keep as a reference a manual approved by the Secretary that describes the duties and authority of notaries public.

Answer 18

FALSE A notary public must purchase and keep as a reference the most recent manual approved by the Secretary that describes the duties and authority of notaries public.

Question 19

NPA 10B-5 The notary shall be commissioned in his or her county of residence, unless the notary is not a North Carolina resident, in which case he or she shall be commissioned in the county __________________.

Answer 19

The notary shall be commissioned in his or her county of residence, 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 employment or business.

Question 20

NPA 10B-5 The Secretary may deny an application for commission or recommission due to submission of an incomplete application or an application containing material misstatement or _________ of fact.

Answer 20

The Secretary may also deny an application for commission or recommission due to submission of an incomplete application or an application containing material misstatement or omission of fact.

Question 21

NPA 10B-5 In no case may a commission be issued to an applicant within ____ years after release from prison, probation, or parole, whichever is later.

Answer 21

In no case may a commission be issued to an applicant within 10 years after release from prison, probation, or parole, whichever is later. After 10 years, a person may apply for a notary commission.

Question 22

True or False

NPA 10B-5 The Secretary may deny an application for commission or recommission due to a finding or admission of liability against the applicant in a civil lawsuit based on the applicant’s _______.

Answer 22

The Secretary may deny an application for commission or recommission due to a finding or admission of liability against the applicant in a civil lawsuit based on the applicant’s deceit.

Question 23

NPA 10B-5 The Secretary may deny an application for commission or recommission due to the revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation. In no case may a commission be issued to an applicant within _____ years after the completion of all conditions of any disciplinary order.

Answer 23

The Secretary may deny an application for commission or recommission due to the revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation. In no case may a commission be issued to an applicant within five years after the completion of all conditions of any disciplinary order.

Question 24

NPA 10B-5 The Secretary may deny an application for commission or recommission due to a finding that the applicant has engaged in official __________, whether or not disciplinary action resulted.

Answer 24

The Secretary may deny an application for commission or recommission due to a finding that the applicant has engaged in official misconduct, whether or not disciplinary action resulted.

Question 25

NPA 10B-6 The application for a notary commission shall include a certificate or signed statement by ___________ evidencing successful completion of the course of instruction required by the NPA.

Answer 25

NPA 10B-6 The application for a notary commission shall include a certificate or signed statement by the instructor evidencing successful completion of the course of instruction required by the NPA.

Question 26

True or False
NPA 10B-7 The application for a notary commission shall include the applicant’s full legal name and the name to be used for commissioning, including nicknames.

Answer 26

FALSE The application for a notary commission shall include the applicant’s full legal name and the name to be used for commissioning, EXCLUDING nicknames.

Question 27

NPA 10B-7 The application for a notary commission shall include a declaration that the applicant is a citizen of the United States or proof of the applicant’s legal residency in __________.

Answer 27

The application for a notary commission shall include a declaration that the applicant is a citizen of the United States or proof of the applicant’s legal residency in this country.

Question 28

True or False

NPA 10B-7 The application for a notary commission shall include a list of any criminal convictions.

Answer 28

TRUE The application for a notary commission shall include a list of any criminal convictions. Also, a complete listing of any civil findings or admissions of fault or liability regarding the applicant’s activities as a notary, in this or any other state or nation.

Question 29

NPA 10B-8 Every applicant for an initial notary commission shall, within the _____ months preceding application, take a course of classroom instruction.

Answer 29

Every applicant for an initial notary commission shall, within the three months preceding application, take a course of classroom instruction.

Question 30

NPA 10B-8 The required notary public classroom instruction shall be not less than ____ hours.

Answer 30

The required notary public classroom instruction shall be not less than six hours. The content of the course of instruction and the written examinations shall be notarial laws, procedures, and ethics.

Question 31

NPA 10B-8 Every applicant for recommissioning shall pass a written examination approved by and administered by or under the direction of the Secretary unless the person is _______________.

Answer 31

Every applicant for recommissioning shall pass a written examination approved by and administered by or under the direction of the Secretary, unless the person is a licensed member of the North Carolina State Bar.

Question 32

NPA 10B-9 The commission of a notary public is for a term of ________.

Answer 32

The commission of a notary public is for a term of five years.

Question 33

NPA 10B-9 A notary public appointee shall take the oath of office at the _____________ in the county of the appointee’s commissioning.

Answer 33

A notary public appointee shall take the oath of office at the register of deeds in the county of the appointee’s commissioning (where the notary resides). HOWEVER, the jurisdiction (area of authority) of a notary public is statewide. A notary is authorized to perform notarial acts in all 100 counties of the state (North Carolina). If notary resides outside NC, he may be commissioned in county where he works in North Carolina.

Question 34

NPA 10B-9 The ______ Record shall constitute official record of qualification of notaries public.

Answer 34

The Notary Record shall constitute official record of qualification of notaries public. It may be kept in electronic format so long as signature of notary public may be viewed and printed. Notary record shall contain name and signature of notary as commissioned, effective date and expiration date of commission, date oath was administered, and date of any restriction, suspension, revocation, or resignation.

Question 35

NPA 10B-9 and 10B-10 If the appointee does not appear before the register of deeds within ___ days of commissioning, the register of deeds must return the commission to the Secretary, and the appointee must reapply for commissioning.

Answer 35

If the appointee does not appear before the register of deeds within 45 days of commissioning, the register of deeds must return the commission to the Secretary, and the appointee must reapply for commissioning. If appointee reapplies within one year of granting of commission, Secretary may waive the educational requirements.

Question 36

10B-11 A commissioned notary may apply for recommissioning no earlier than ___ weeks prior to the expiration date of the notary’s commission.

Answer 36

A commissioned notary may apply for recommissioning no earlier than 10 weeks prior to the expiration date of the notary’s commission.

Question 37

NPA 10B-11 A notary who is not an attorney who is applying for recommissioning (is? / is not?) required to take a written test.

Answer 37

A notary who is not an attorney who is applying for recommissioning IS required to take a written test (and achieve a passing score of 80% correct).

Question 38

NPA 10B-11 An individual may apply for recommissioning within ________ after the expiration of the individual’s commission.

Answer 38

An individual may apply for recommissioning within one year after the expiration of the individual’s commission.

Question 39

True or False

NPA 10B-12 The application for a notary public commission shall contain a declaration to be executed by each applicant under oath.

Answer 39

TRUE Declaration of Applicant I, _______ (name of applicant), solemnly swear or affirm under penalty of perjury that the information in this application is true, complete, and correct; that I understand the official duties and responsibilities of a notary public in this State, as described in the statutes; and that I will perform to the best of my ability all notarial acts in accordance with the law._______________ (signature of applicant)

Question 40

NPA 10B-13 The application fee for a notary commission is $_____.

Answer 40

The application fee for a notary commission is $50.00.

Question 41

NPA 10B-14 Certification to teach a course of study for notaries shall be effective for ___ year(s).

Answer 41

Certification to teach a course of study for notaries shall be effective for two years. (A certification may be renewed by: 1) passing a recertification course, and 2) by paying a nonrefundable fee of fifty dollars ($50.00).

Question 42

NPA 10B-20 A notary may perform any of the following notarial acts: (1) _________________. (2) Oaths and affirmations. (3) Verifications or proofs.

Answer 42

A notary may perform any of the following notarial acts: (1) Acknowledgments. (2) Oaths and affirmations. (3) Verifications or proofs.

Question 43

NPA 10B-20 A notarial act shall be attested by the signature of the notary, exactly as shown on the ________________.

Answer 43

A notarial act shall be attested by the signature of the notary, exactly as shown on the notary’s commission.

Question 44

NPA 10B-20 A notary (shall? / shall not) perform a notarial act if the principal or subscribing witness is not in the notary’s presence at the time the notarial act is performed.

Answer 44

A notary SHALL NOT perform a notarial act if the principal or subscribing witness is not in the notary’s presence at the time the notarial act is performed. Violation may be a misdemeanor (or a felony - where there is fraud).

Question 45

NPA 10B-20 May the notary perform a notarial act if the principal or subscribing witness or credible witness is not personally known to the notary or identified by the notary through satisfactory evidence?

Answer 45

NO. He may not perform the notarial act. Violation of this can result in suspension or revocation of the notary commission. The principal or subscribing witness or credible witness MUST be personally known to the notary or identified by the notary through satisfactory evidence.

Question 46

NPA 10B-20 T/F? A notary shall not perform a notarial act if the notary is a signer, party to, or beneficiary of the record.

Answer 46

TRUE A notary shall not perform a notarial act if the notary is a signer, party to, or beneficiary of the record. (Some exceptions, including 1) notary who is a trustee in a deed or trust, 2) the drafter of the record, 3) person who is to be mailed a registered document, 4) notary who is the attorney for a party of the record.

Question 47

NPA 10B-20 A notary (may? / may not?) certify the affixation of a signature by mark on a record presented for notarization.

Answer 47

A notary MAY certify the affixation of a signature by mark on a record presented for notarization IF: 1) mark is affixed in front of notary, 2) notary writes “Mark affixed by ____ in presence of notary, and 3) notary notarizes signature by an acknowledgment, oath, or affirmation, jurat, or verification or proof.