Fees, Liability & Prohibited Acts Flashcards

What happens if a Colorado notary performs a notarial act knowing the signer is making a false statement?

Answer: The notary may face criminal liability for aiding a false document

A notary who knowingly assists in fraud or the creation of a false document may face criminal charges in addition to civil liability.

Can a Colorado notary refuse to notarize a document for any reason?

Answer: Yes, notaries have discretion to refuse for legitimate reasons

A Colorado notary may refuse to perform any notarial act for any lawful reason, including discomfort with the situation, without having to explain the refusal.

What is considered unauthorized practice of law for a Colorado notary?

Answer: Drafting legal documents for another person for compensation

Drafting legal documents for compensation or advising on legal matters constitutes unauthorized practice of law unless the notary is also a licensed attorney.

A Colorado notary who is also a licensed attorney may provide legal advice:

Answer: In their capacity as an attorney, but must clearly separate the two roles

An attorney-notary may provide legal advice in their attorney capacity, but must keep that role clearly distinct from their notary role.

Which action could result in revocation of a Colorado notary commission?

Answer: Notarizing a document with known blanks

Notarizing a document with significant blank spaces that could allow later fraudulent additions is grounds for disciplinary action including revocation.

What civil liability can a Colorado notary face for a negligent notarization?

Answer: Liability for damages caused to parties who relied on the improper notarization

A notary may be civilly liable for actual damages resulting from negligent or improper performance of notarial acts.