AK Notary AK Notary Ethical Standards and Conduct 2 — Questions and Answers
Question 1: Which of the following actions constitutes misconduct by an Alaska notary?
- Charging the maximum statutory fee
- Notarizing a document without the signer present (Correct answer)
- Refusing to notarize an improper document
- Recording each act in a journal
Correct answer: Notarizing a document without the signer present
Notarizing a document without the signer personally present is a serious violation of Alaska notary law and ethics.
Question 2: An Alaska notary is asked to notarize their own signature on a document. What should they do?
- Proceed, since they know their own identity
- Decline, as a notary cannot notarize their own signature (Correct answer)
- Proceed if the document is personal rather than business-related
- Proceed with a written disclaimer
Correct answer: Decline, as a notary cannot notarize their own signature
A notary cannot notarize their own signature because it creates an obvious conflict of interest and is prohibited.
Question 3: What is the consequence if an Alaska notary is found to have committed willful misconduct?
- A verbal warning from the Lt. Governor
- Commission revocation and possible civil or criminal liability (Correct answer)
- A one-year suspension of notarial privileges
- Mandatory retraining only
Correct answer: Commission revocation and possible civil or criminal liability
Willful misconduct can result in commission revocation, civil liability, and criminal charges depending on the nature of the misconduct.
Question 4: May an Alaska notary complete a notarial certificate in advance before the signer appears?
- Yes, to save time during busy periods
- No, the certificate must be completed at the time of the notarial act (Correct answer)
- Yes, as long as the signer is known to the notary
- Yes, for recurring signers
Correct answer: No, the certificate must be completed at the time of the notarial act
Pre-completing a notarial certificate is improper; all elements must be completed at the time the act is performed.
Question 5: An Alaska notary is also a real estate agent. Can they notarize documents involved in their own real estate transactions?
- Yes, their professional license permits dual roles
- No, this is a direct conflict of interest (Correct answer)
- Yes, as long as they disclose the dual role
- Yes, for transactions under $100,000
Correct answer: No, this is a direct conflict of interest
A direct financial interest in a transaction disqualifies a notary from performing notarial acts on related documents.
Question 6: What must an Alaska notary do if they suspect a signer has mental incapacity?
- Proceed quickly before the signer changes their mind
- Decline to notarize if the signer does not appear to understand the document (Correct answer)
- Contact the signer's family for permission
- Notarize and note their concerns in the certificate
Correct answer: Decline to notarize if the signer does not appear to understand the document
A notary should refuse to notarize if the signer does not appear to understand or have capacity to execute the document willingly.
AK Notary AK Notary Ethical Standards and Conduct 2
Which of the following actions constitutes misconduct by an Alaska notary?