Liability and Ethics Flashcards

An Arizona notary uses their official seal on a personal letter to add credibility to their claims. This action is:

Answer: An ethical violation and misuse of official authority

Using the notarial seal outside of an official notarial act misrepresents the nature of the document and constitutes an ethical and potentially illegal misuse of the notary's authority.

What is the primary purpose of the bond required of Arizona notaries public?

Answer: To provide financial protection to the public for damages caused by notarial misconduct

The surety bond protects members of the public who suffer financial harm due to errors, omissions, or misconduct by the notary during their commission term.

A notary is presented with a document in Spanish and asked to perform a jurat for a Spanish-speaking signer. The notary speaks no Spanish. What is the appropriate course of action?

Answer: Proceed because a jurat only requires verification of the oath, not document content

For a jurat, the notary administers an oath about the truthfulness of the document's contents; the notary is not required to understand the document's language, only to administer the oath properly.

An Arizona notary who knowingly certifies a false statement in an acknowledgment may be charged with:

Answer: Perjury or a related felony under Arizona criminal statutes

Deliberately certifying a false statement in a notarial certificate can constitute perjury or false swearing, which are felony offenses under Arizona law.

Which scenario best illustrates a notary practicing unauthorized practice of law (UPL)?

Answer: Telling a client which type of deed to use for their property transfer

Advising a client on which legal instrument to use constitutes legal advice and is unauthorized practice of law, which notaries who are not licensed attorneys must avoid.

Under Arizona ethics standards, when a notary is also a loan officer who benefits from a real estate closing, what must the notary do?

Answer: Refuse to notarize any documents related to the transaction

When a notary has a direct financial interest in the outcome of a transaction, the ethical and legally safe course is to refuse to notarize and have a disinterested notary perform the act.

How long must an Arizona notary retain their journal of notarial acts after the expiration or resignation of their commission?

Answer: Three years

Arizona law requires notaries to retain their journal of notarial acts for at least three years following the expiration, resignation, or revocation of their commission.