CO Notary Ethical Considerations Flashcards
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Read the first 7 CO Notary Ethical Considerations flashcards as text
A Colorado notary is asked to notarize a deed that directly benefits the notary financially. What is the proper action?
Answer: Refuse to notarize due to a direct conflict of interest
Colorado notaries must not perform notarizations in which they have a direct or indirect financial or beneficial interest.
A notary's employer instructs them to notarize documents without requiring signers to appear in person. The notary should:
Answer: Refuse, as Colorado law requires personal appearance for most notarizations
Employer instructions cannot override Colorado statute requiring personal appearance; the notary bears personal responsibility for each notarial act.
A signer offers a Colorado notary an extra $20 tip on top of the statutory fee as a thank-you. The notary should:
Answer: Decline and charge only the allowable statutory fee
Colorado law caps notary fees per act, and accepting gratuities that effectively exceed this cap is improper regardless of client intent.
A Colorado notary is asked to notarize a document written entirely in Spanish, which they do not read. The notary should:
Answer: Proceed, since notaries certify the signature and signer's identity, not the document's content
A notary's duty is to verify identity and confirm willingness to sign; understanding the document's language is not a prerequisite for a valid notarization.
During a notarization, the signer appears hesitant and avoids eye contact with the person who brought them in. A Colorado notary's ethical obligation is to:
Answer: Question the signer privately to confirm they are acting freely and voluntarily
Colorado notaries must be satisfied that signers are acting without coercion; signs of distress require the notary to independently confirm the signer's willingness.
Which statement best describes a Colorado notary's duty of impartiality?
Answer: Serve all qualified requesters without bias, discrimination, or personal interest
Colorado notaries are required to provide services impartially, without allowing personal relationships, beliefs, or interests to influence who they serve.
An elderly signer appears confused and unable to understand the nature of the power of attorney they are about to sign. What should the Colorado notary do?
Answer: Refuse the notarization due to reasonable doubt about the signer's competency
Colorado notaries must refuse to notarize when they have reasonable doubt that the signer understands the nature of the act or is acting under coercion.