Colorado Notary Exam CO Notary Ethical Considerations 2 — Questions and Answers
Question 1: A Colorado notary is asked to notarize a deed that directly benefits the notary financially. What is the proper action?
- Notarize it since the notary's role is to verify signatures, not document content
- Notarize it if the signer consents to the notary's financial interest
- Refuse to notarize due to a direct conflict of interest (Correct answer)
- Notarize it only if an independent witness is also present
Correct 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.
Question 2: A notary's employer instructs them to notarize documents without requiring signers to appear in person. The notary should:
- Refuse, as Colorado law requires personal appearance for most notarizations (Correct answer)
- Follow the employer's instructions since the employer assumes legal liability
- Comply if the employer provides a signed written waiver
- Comply only for non-real-estate documents
Correct 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.
Question 3: A signer offers a Colorado notary an extra $20 tip on top of the statutory fee as a thank-you. The notary should:
- Accept it as a voluntary gift unrelated to the fee
- Accept it only if the total does not feel excessive
- Decline and charge only the allowable statutory fee (Correct answer)
- Report the offer to the Secretary of State immediately
Correct 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.
Question 4: A Colorado notary is asked to notarize a document written entirely in Spanish, which they do not read. The notary should:
- Refuse because the notary must understand what they are certifying
- Notarize only if a certified translator accompanies the signer
- Notarize only the English-language signature page
- Proceed, since notaries certify the signature and signer's identity, not the document's content (Correct answer)
Correct 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.
Question 5: 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:
- Proceed immediately since the government-issued ID is valid
- Question the signer privately to confirm they are acting freely and voluntarily (Correct answer)
- Refuse the notarization and call law enforcement
- Ask the accompanying person to leave and proceed in private
Correct 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.
Question 6: Which statement best describes a Colorado notary's duty of impartiality?
- Charge the same fee to all clients regardless of document complexity
- Notarize any document presented regardless of personal opinion of its purpose
- Complete all notarizations within a reasonable timeframe
- Serve all qualified requesters without bias, discrimination, or personal interest (Correct answer)
Correct 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.
Question 7: 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?
- Proceed if a family member verbally confirms the signer's intent
- Notarize and document the signer's apparent confusion in the journal
- Consult a supervisor before making a decision
- Refuse the notarization due to reasonable doubt about the signer's competency (Correct answer)
Correct 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.
Colorado Notary Exam CO Notary Ethical Considerations 2
A Colorado notary is asked to notarize a deed that directly benefits the notary financially.
What is the proper action?