CT Notary Legal and Ethical Considerations 2 — Questions and Answers
Question 1: A Connecticut notary is asked to notarize a document in which the notary is named as a beneficiary. What should the notary do?
- Notarize only if a witness is present
- Notarize but note the relationship in the certificate
- Charge a reduced fee and proceed
- Decline to notarize due to a conflict of interest (Correct answer)
Correct answer: Decline to notarize due to a conflict of interest
A notary must refuse to notarize any document in which they have a financial or beneficial interest.
Question 2: A signer presents a document with several blank spaces and asks the notary to notarize it anyway. What is the proper course of action?
- Notarize but attach a disclaimer
- Fill in the blanks for the signer
- Refuse until the blanks are completed or lined through (Correct answer)
- Notarize and let the signer fill blanks later
Correct answer: Refuse until the blanks are completed or lined through
Notarizing incomplete documents invites fraud, so blanks must be filled or struck through before notarization.
Question 3: Which action by a Connecticut notary would constitute the unauthorized practice of law?
- Administering an oath to a signer
- Verifying a signer's identification
- Completing a jurat certificate
- Advising a signer which type of notarial act their document requires (Correct answer)
Correct answer: Advising a signer which type of notarial act their document requires
A non-attorney notary may not choose the notarial act for a signer, as that is legal advice.
Question 4: A notary's employer directs them to notarize a signature for a customer who is not present. What should the notary do?
- Comply, since the employer assumes liability
- Notarize if the customer is known to the employer
- Refuse, because personal appearance is always required (Correct answer)
- Notarize after a phone call with the customer
Correct answer: Refuse, because personal appearance is always required
Personal appearance before the notary is mandatory, and an employer cannot override that legal duty.
Question 5: A signer appears confused, cannot answer basic questions, and seems unaware of what the document is. Ethically, the notary should:
- Proceed if a family member confirms the signer's intent
- Proceed but write 'signer confused' in the certificate
- Ask the signer to sign twice for confirmation
- Decline the notarization due to doubts about the signer's awareness (Correct answer)
Correct answer: Decline the notarization due to doubts about the signer's awareness
A notary should refuse when the signer does not appear to understand the transaction, as willingness and awareness are required.
Question 6: In Connecticut, what is the consequence for a notary who knowingly performs a false notarization?
- Only a written warning from the Secretary of the State
- Suspension of fees for 30 days
- A mandatory retraining course with no other penalty
- Possible criminal liability and revocation of the commission (Correct answer)
Correct answer: Possible criminal liability and revocation of the commission
Knowingly false notarizations can lead to criminal charges, civil liability, and loss of the notary commission.
Question 7: A friend asks a notary to backdate a notarial certificate 'by just one day' to meet a deadline. The notary should:
- Agree if the friend signs a statement accepting responsibility
- Agree, since one day is immaterial
- Refuse, because the certificate must show the actual date of notarization (Correct answer)
- Leave the date blank for the friend to complete
Correct answer: Refuse, because the certificate must show the actual date of notarization
Backdating a notarial certificate is falsification of an official record and is never permitted.
CT Notary Legal and Ethical Considerations 2
A Connecticut notary is asked to notarize a document in which the notary is named as a beneficiary.
What should the notary do?