Legal and Ethical Considerations Flashcards

A notary is asked to notarize for a signer who is visibly intoxicated but insistent. The most defensible action is to:

Answer: Postpone or refuse the notarization until the signer can act knowingly and willingly

Intoxication undermines the signer's ability to act knowingly, so the notary should refuse or reschedule.

A Connecticut notary is offered a monthly bonus by a mortgage broker for steering clients to the broker during notarizations. Accepting would primarily violate the notary's duty of:

Answer: Impartiality as a neutral public officer

Kickbacks for steering clients compromise the notary's role as an impartial witness.

A document is written in a language the notary cannot read, but the signer is properly identified and the notarial certificate is in English. What is the prudent practice?

Answer: The notary may proceed if they can communicate directly with the signer and the certificate is understandable to the notary

The notary must understand the signer and the certificate, though not necessarily the document's language, to proceed prudently.

A notary realizes they made an error in a certificate they completed yesterday, and the document has already been returned to the signer. What should the notary do if asked to fix it?

Answer: Require the signer to reappear and complete a new or corrected notarization

Corrections after the document leaves the notary's control require a new appearance and notarization, not remote fixes.

Which of the following is an ethical use of the notary's official seal or stamp?

Answer: Applying it only to certificates for notarizations the notary actually performed

The seal may only be used by the notary personally on genuine notarial certificates.

A signer under obvious threat from an accompanying person asks for a notarization while glancing nervously at that person. The notary suspects coercion. The notary should:

Answer: Refuse or pause the notarization because the signature may not be willingly made

A notarization requires a willing signer, so suspected duress is grounds to refuse.

After resigning their commission, a former Connecticut notary continues notarizing 'just for family.' This conduct is:

Answer: Unlawful, because notarial acts require a valid, active commission

Performing notarial acts without an active commission is unauthorized and unlawful regardless of the relationship or fee.