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Notary Public Exam — Core Principles

Prohibited acts (SD): practice questions

Our Notary Public bank has 5 questions on this topic. Here are 3 of them with answers; the full mock exam draws from every topic, like the real one.

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Question 1 · South Dakota

A South Dakota notary is an employee of a company that is a party to a transaction but is not shown on the document as a principal party. May the notary notarize it?

  1. Yes, with the same legal effect as if they had no interest
  2. No, any interest disqualifies the notary
  3. Only if the employer first gives the notary written consent to act
  4. Only for acknowledgments, not for oaths
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A. Yes, with the same legal effect as if they had no interest — SDCL 18-1-7.

Question 2 · South Dakota

Performing a notarial act without first obtaining a commission from the South Dakota secretary of state is:

  1. A Class 1 misdemeanor
  2. A Class 2 misdemeanor
  3. A Class 5 felony
  4. A petty offense
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A. A Class 1 misdemeanor — SDCL 18-1-12.1.

Question 3 · South Dakota

Exercising the duties of a notary after the commission has expired is what offense in South Dakota?

  1. A Class 1 misdemeanor
  2. A Class 6 felony
  3. A civil penalty only
  4. A Class 2 misdemeanor
Show the answer

D. A Class 2 misdemeanor — SDCL 18-1-12.

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