CO Notary Ethical Considerations Flashcards
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Which of the following is a core legal requirement for performing remote online notarization (RON) in Colorado?
Answer: The notary must use a Secretary of State-approved platform with real-time audio-visual communication
Colorado's RON statute requires the use of an approved technology platform that includes real-time two-way audio-visual communication to identify and interact with the signer.
During a Colorado RON session, the notary cannot successfully verify the signer's identity through the required methods. The notary should:
Answer: Refuse to complete the RON until identity can be properly verified
Identity verification is a prerequisite for RON in Colorado; completing a notarization when identity cannot be confirmed violates the law regardless of the ID presented on camera.
A Colorado notary discovers an error in a notarial certificate after the document has already been distributed. The correct remedy is to:
Answer: Contact all relevant parties and re-notarize the document with a corrected certificate
Post-execution notarial errors typically require re-notarization with a corrected certificate rather than a pen correction or affidavit, to ensure legal integrity.
A signer who is deaf arrives to have a document notarized and communicates only through sign language. The Colorado notary should:
Answer: Arrange for a qualified sign language interpreter and proceed with the notarization
Colorado notaries must reasonably accommodate signers with disabilities; a qualified interpreter facilitates the required communication without compromising the notarial act.
A Colorado notary charges $25 for administering an oath to a witness for a legal proceeding. Is this permissible?
Answer: No, because Colorado's $10 statutory fee cap applies to all notarial acts including oaths
Administering oaths is a lawful notarial act in Colorado, but the statutory fee cap of $10 per act applies to all notarial acts without exception.
A Colorado employer requires all employees to use only the company's notary and prohibits employees from seeking notarization elsewhere. This policy:
Answer: Is a potential ethical violation that infringes on signers' rights
Compelling individuals to use a specific notary without allowing alternatives can constitute undue influence and undermines the signer's right to independent notarial services.
Which of the following scenarios represents an ethical and lawful use of a Colorado notary commission?
Answer: Notarizing after verifying the signer's identity and confirming their voluntary, knowing intent
Ethical notarization in Colorado requires confirmed identity, personal appearance (or approved RON), and assurance that the signer is acting voluntarily and with understanding.