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Prohibited Acts & Conflicts of Interest Flashcards

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  1. An Arizona notary is asked to notarize a deed transferring property to a corporation in which the notary holds a 30% ownership stake. What must the notary do?

    Answer: Decline to notarize because of a direct financial interest

    Arizona law prohibits a notary from notarizing a document when the notary has a direct financial or beneficial interest in the transaction.

  2. Which of the following actions is PROHIBITED for an Arizona notary public?

    Answer: Advertising notary services in Spanish without a disclaimer

    Arizona law requires that notaries who advertise in a language other than English and are not attorneys must include a disclaimer stating they are not attorneys and cannot give legal advice.

  3. A notary's employer instructs the notary to notarize a document without the signer being personally present. The notary should:

    Answer: Refuse, as personal appearance is required regardless of employer instructions

    An employer cannot override Arizona's legal requirement that signers appear personally before the notary at the time of notarization.

  4. Under Arizona law, a notary who is also an attorney-in-fact for a principal may notarize documents signed by that principal:

    Answer: Never, because acting as attorney-in-fact creates a direct interest

    Serving as attorney-in-fact creates a legal relationship that constitutes a disqualifying interest, prohibiting the notary from also notarizing the principal's documents.

  5. An Arizona notary stamps a document with an expired notarial seal. This act is best described as:

    Answer: A prohibited act that could result in commission revocation

    Using an expired seal constitutes a prohibited notarial act under Arizona law and can result in administrative penalties including revocation of the notary commission.

  6. A notary is asked to certify a copy of a U.S. passport. Under Arizona law, the notary:

    Answer: May not certify copies of vital records or passports

    Arizona notaries are prohibited from certifying copies of vital records, passports, and other government-issued identification documents.

  7. Which scenario represents a PROHIBITED conflict of interest for an Arizona notary?

    Answer: Notarizing a loan document where the notary is also the named borrower

    A notary who is a named party in a document—such as a borrower on a loan—has a direct financial interest and is prohibited from notarizing that document.