CT Notary Conflicts of Interest and Disqualification 2 — Questions and Answers
Question 1: A Connecticut notary is asked to notarize a deed transferring property to the notary's own name. What must the notary do?
- Perform it but note the relationship in the journal
- Perform it if a witness is present
- Refuse to perform the notarization (Correct answer)
- Perform it after getting verbal approval from the signer
Correct answer: Refuse to perform the notarization
A notary may not notarize a document in which the notary is a named party or has a direct financial interest.
Question 2: Which situation most clearly disqualifies a Connecticut notary from notarizing a document?
- The notary will receive a direct financial benefit from the transaction (Correct answer)
- The signer is the notary's coworker
- The document is written in a language the signer speaks fluently
- The notary works for the company preparing the document
Correct answer: The notary will receive a direct financial benefit from the transaction
A direct financial or beneficial interest in the transaction disqualifies the notary.
Question 3: A notary who is an employee of a bank is asked to notarize loan documents for a bank customer. May the notary proceed?
- No, because employees always have a conflict of interest
- Yes, but only if the bank waives its interest in writing
- No, unless the customer signs a conflict waiver
- Yes, because receiving a regular salary is not a direct beneficial interest (Correct answer)
Correct answer: Yes, because receiving a regular salary is not a direct beneficial interest
An ordinary salary from an employer is not considered a direct financial interest in the specific transaction.
Question 4: A Connecticut notary's spouse asks the notary to notarize a power of attorney naming the notary's spouse as agent. What is the best course of action?
- Notarize it since spouses are not parties to each other's documents
- Decline and refer the spouse to another notary (Correct answer)
- Notarize it only if the principal consents
- Notarize it and add a disclosure statement
Correct answer: Decline and refer the spouse to another notary
Notarizing for a spouse creates at least an appearance of a conflict, so best practice is to decline and refer to a disinterested notary.
Question 5: Why does a beneficial interest in a document disqualify a notary from notarizing it?
- It increases the state filing fee
- It requires an additional surety bond
- It compromises the notary's required impartiality (Correct answer)
- It changes the venue of the notarization
Correct answer: It compromises the notary's required impartiality
The notary's core role is to serve as an impartial witness, which a personal stake destroys.
Question 6: A notary is named as a beneficiary in a will presented for notarization of a self-proving affidavit. The notary should:
- Proceed because wills do not require impartiality
- Proceed if two other witnesses are present
- Proceed but charge no fee
- Refuse because the notary benefits under the document (Correct answer)
Correct answer: Refuse because the notary benefits under the document
Being a beneficiary gives the notary a direct beneficial interest, which disqualifies the notary.
Question 7: Which of the following is generally NOT a disqualifying interest for a Connecticut notary?
- Being named as grantee on the deed
- Receiving the standard statutory notarization fee (Correct answer)
- Earning a commission from the sale being notarized
- Being a signing party to the contract
Correct answer: Receiving the standard statutory notarization fee
The lawful notarial fee itself is never considered a disqualifying financial interest.
CT Notary Conflicts of Interest and Disqualification 2
A Connecticut notary is asked to notarize a deed transferring property to the notary's own name.
What must the notary do?