CT Notary Conflicts of Interest and Disqualification 3 — Questions and Answers
Question 1: A real estate agent who is also a notary will earn a commission if a purchase contract closes. Regarding notarizing signatures on that contract, the agent-notary should:
- Notarize because the commission comes from the broker, not the signer
- Notarize if the buyers agree in writing
- Decline because the commission is a financial interest in the transaction (Correct answer)
- Notarize and reduce the commission by the notary fee
Correct answer: Decline because the commission is a financial interest in the transaction
A commission contingent on the transaction is a direct financial interest that disqualifies the notary.
Question 2: A notary's adult sibling asks the notary to notarize an affidavit that does not involve the notary in any way. Under Connecticut best practices, the notary should:
- Decline or proceed with caution, since notarizing for close relatives risks the appearance of partiality (Correct answer)
- Always notarize because siblings are never disqualified
- Notarize only if the sibling pays the maximum fee
- Refuse because relatives can never appear before the notary
Correct answer: Decline or proceed with caution, since notarizing for close relatives risks the appearance of partiality
Notarizing for close family members is discouraged because it can create an appearance of bias and invite challenge.
Question 3: A notary who is an attorney drafts a contract for a client and is asked to notarize the client's signature. In Connecticut this is:
- Prohibited, because attorneys cannot be notaries
- Permissible only in federal courthouses
- Prohibited unless the client waives attorney-client privilege
- Generally permissible, because professional fees for services are not a disqualifying interest (Correct answer)
Correct answer: Generally permissible, because professional fees for services are not a disqualifying interest
Fees earned for professional services such as drafting are not treated as a direct beneficial interest in the transaction itself.
Question 4: Which action should a notary take upon realizing mid-notarization that they are named in the document being signed?
- Finish the notarization but disclose the interest afterward
- Stop immediately and decline to complete the notarization (Correct answer)
- Complete it and record the conflict in the certificate
- Ask the signer to initial an acknowledgment of the conflict
Correct answer: Stop immediately and decline to complete the notarization
A disqualified notary must stop as soon as the conflict is discovered, since completing the act would be improper.
Question 5: A corporation's officer, who is a notary, is asked to notarize documents that the officer must also sign on the corporation's behalf. The officer-notary should:
- Notarize using a different pen for each role
- Notarize after another officer initials the document
- Decline, because one cannot notarize one's own signature (Correct answer)
- Notarize because corporate officers are exempt from conflict rules
Correct answer: Decline, because one cannot notarize one's own signature
A notary can never notarize their own signature, regardless of the capacity in which it is signed.
Question 6: What is the most likely legal consequence if a Connecticut notary notarizes a document in which the notary has a disqualifying interest?
- The document is automatically recorded with a warning stamp
- The signer must pay a double fee to the state
- Nothing, provided the signature was genuine
- The notarization may be voided and the notary may face commission revocation or liability (Correct answer)
Correct answer: The notarization may be voided and the notary may face commission revocation or liability
An improper notarization can be invalidated and expose the notary to disciplinary action and civil liability.
Question 7: A notary is asked to notarize a document for their landlord relating to an unrelated business deal. The notary owes back rent to the landlord. The safest choice is to:
- Refuse, because any debt relationship is an automatic disqualification
- Proceed, since the notary has no interest in the transaction itself, but decline if impartiality feels compromised (Correct answer)
- Proceed only after paying the back rent
- Refuse and report the landlord to the Secretary of the State
Correct answer: Proceed, since the notary has no interest in the transaction itself, but decline if impartiality feels compromised
Disqualification turns on interest in the transaction being notarized, though a notary should decline whenever they cannot act impartially.
CT Notary Conflicts of Interest and Disqualification 3
A real estate agent who is also a notary will earn a commission if a purchase contract closes.
Regarding notarizing signatures on that contract, the agent-notary should: