North Carolina Notary Practice Exam

What is the role of a notary when they also serve as the attorney of record?

1. They may notarize if not a party to the document

2. They cannot notarize at any time

3. They must have another attorney present

4. They can notarize only after legal consultation

The correct answer is: They may notarize if not a party to the document

A notary who also serves as the attorney of record may notarize documents as long as they are not a party to the transaction or the document being notarized. This is significant because it maintains the impartiality required in the notarization process. The notary's role is to act as an unbiased witness to the signing of documents, and if they are a party to the document, this impartiality can be compromised. Being able to notarize in this situation helps streamline processes for clients since their attorney, who is already familiar with their case or needs, can also facilitate the notarization without needing a separate notary. However, it’s essential to ensure that the notary adheres to ethical guidelines and maintains the integrity of the notary process by confirming that they do not have a personal interest in the matter at hand. The remaining options do not align with the legal standards set forth for notaries in this context. The inability to notarize at any time assumes a blanket prohibition, which is not accurate given the right conditions, while needing another attorney present or only being able to notarize after legal consultation unnecessarily complicates the process beyond the established requirements as long as impartiality is maintained.