AK Notary AK Notary Ethical Standards and Conduct 1 — Questions and Answers
Question 1: What is the primary ethical duty of an Alaska notary public?
- To generate revenue for the state
- To serve as an impartial witness and prevent fraud (Correct answer)
- To provide legal advice to signers
- To advocate for the document's contents
Correct answer: To serve as an impartial witness and prevent fraud
A notary's primary duty is to act as an impartial witness and deter fraud in the signing of documents.
Question 2: May an Alaska notary notarize a document in which they have a direct financial interest?
- Yes, if the signer consents
- No, this is a conflict of interest that should be avoided (Correct answer)
- Yes, for amounts under $1,000
- Yes, if they disclose the interest in the document
Correct answer: No, this is a conflict of interest that should be avoided
Notarizing documents in which the notary has a direct financial interest is a conflict of interest and should be avoided to preserve impartiality.
Question 3: An Alaska notary is asked by their employer to notarize a document they know is fraudulent. What should they do?
- Notarize it to keep their job
- Refuse to notarize the document (Correct answer)
- Notarize with a disclaimer attached
- Ask the Lt. Governor for guidance first
Correct answer: Refuse to notarize the document
A notary must refuse to participate in fraud regardless of employer pressure; notarizing a fraudulent document is a violation of law and ethics.
Question 4: Can an Alaska notary provide legal advice to a signer about a document's contents?
- Yes, if they are knowledgeable about the subject
- No, unless the notary is also a licensed attorney (Correct answer)
- Yes, for a small additional fee
- Yes, for simple documents
Correct answer: No, unless the notary is also a licensed attorney
Providing legal advice constitutes the unauthorized practice of law unless the notary is also a licensed attorney.
Question 5: What should an Alaska notary do if a signer appears to be under duress or coerced?
- Proceed quickly to get the notarization done
- Refuse to complete the notarization (Correct answer)
- Ask a co-worker to handle it instead
- Notarize and note the observation in the journal
Correct answer: Refuse to complete the notarization
If a signer appears coerced, the notary should refuse the notarization because voluntary consent is a fundamental requirement.
Question 6: Is it proper for an Alaska notary to certify that a document is 'true and correct'?
- Yes, it assures the document's accuracy
- No, a notary only certifies the identity of the signer, not the document's content (Correct answer)
- Yes, for government forms only
- Yes, if the signer requests it
Correct answer: No, a notary only certifies the identity of the signer, not the document's content
Notaries certify the identity of the signer and the performance of the notarial act, not the accuracy of the document's contents.
AK Notary AK Notary Ethical Standards and Conduct 1
What is the primary ethical duty of an Alaska notary public?