CO Notary Fees, Liability & Prohibited Acts 2 — Questions and Answers
Question 1: What happens if a Colorado notary performs a notarial act knowing the signer is making a false statement?
- The notary is not responsible for the signer's statements
- The notary may face criminal liability for aiding a false document (Correct answer)
- Only the signer bears responsibility
- The act is voidable but the notary faces no penalty
Correct 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.
Question 2: Can a Colorado notary refuse to notarize a document for any reason?
- No, notaries must notarize all documents presented
- Yes, notaries have discretion to refuse for legitimate reasons (Correct answer)
- Only if the document is illegal
- Only if the signer is unknown to them
Correct 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.
Question 3: What is considered unauthorized practice of law for a Colorado notary?
- Completing a notarial certificate
- Drafting legal documents for another person for compensation (Correct answer)
- Informing a signer of the notary fee
- Explaining what an acknowledgment is
Correct 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.
Question 4: A Colorado notary who is also a licensed attorney may provide legal advice:
- Only in their capacity as a notary
- In their capacity as an attorney, but must clearly separate the two roles (Correct answer)
- Never — the roles are incompatible
- Only for notarization-related questions
Correct 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.
Question 5: Which action could result in revocation of a Colorado notary commission?
- Charging the maximum allowed fee
- Using an embossed seal
- Notarizing a document with known blanks (Correct answer)
- Maintaining the required journal
Correct 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.
Question 6: What civil liability can a Colorado notary face for a negligent notarization?
- No liability — notaries are immune
- Liability for damages caused to parties who relied on the improper notarization (Correct answer)
- Only up to the fee charged for that notarization
- Only liability if the error was intentional
Correct 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.
CO Notary Fees, Liability & Prohibited Acts 2
What happens if a Colorado notary performs a notarial act knowing the signer is making a false statement?