CO Notary Ethical Considerations Flashcards
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Under Colorado law, when must a notary record an entry in their notarial journal?
Answer: For every notarial act performed
Colorado requires notaries to maintain a journal recording every notarial act they perform, without exception.
A Colorado notary's official seal is lost or stolen. The required action is to:
Answer: Notify the Secretary of State promptly and cease using the compromised seal
Colorado law requires a notary to promptly notify the Secretary of State when their seal is lost, stolen, or otherwise compromised, and to stop using it immediately.
A signer asks a Colorado notary to backdate a notarial certificate to the day the signer was actually present, even though the notary was not available that day. The notary should:
Answer: Refuse; the certificate must bear the actual date the notarization is performed
The notarial certificate must always reflect the date the notarial act actually occurred; backdating is fraudulent regardless of the parties' agreement.
What information is a Colorado notary required to record in their journal for each notarial act?
Answer: Date, type of notarial act, document description, and signer's signature or thumbprint
Colorado's notary journal requirements include at minimum the date, type of act, document description, and the signer's signature or thumbprint for identification.
After a Colorado notary's commission expires, how long must they retain their notarial journal?
Answer: 10 years from the last notarial act recorded in the journal
Colorado law requires notaries to retain their journal for 10 years after the last notarial act recorded, even after the commission expires.
A friend asks a Colorado notary to stamp a blank piece of paper with their official seal 'just in case they need it later.' The notary should:
Answer: Refuse, as applying the seal to a blank document is a serious violation
Using an official notary seal on a blank document creates a tool for fraud and constitutes misuse of the commission, which can result in revocation.
A Colorado notary resigns their commission before it expires. What must they do with their official seal?
Answer: Destroy or deface the seal and notify the Secretary of State
When a Colorado notary's commission ends for any reason, they must render the seal unusable and notify the Secretary of State to prevent unauthorized use.