CT Notary Legal and Ethical Considerations 3 — Questions and Answers
Question 1: A Connecticut notary who is not an attorney advertises notary services in Spanish. Which statement must they avoid implying?
- That they can administer oaths
- That they charge statutory fees
- That they are a 'notario público' with legal authority to give legal advice (Correct answer)
- That they can take acknowledgments
Correct answer: That they are a 'notario público' with legal authority to give legal advice
In many Spanish-speaking countries 'notario' means attorney, so implying legal expertise is deceptive and prohibited.
Question 2: A notary is asked to notarize a document for their spouse's business sale in which the notary co-owns the business. The notary should:
- Decline because of a direct financial interest (Correct answer)
- Proceed with two additional witnesses
- Proceed since the spouse is the actual signer
- Proceed and waive the fee to remove the conflict
Correct answer: Decline because of a direct financial interest
Co-ownership gives the notary a direct financial interest, which disqualifies them from notarizing.
Question 3: During a notarization, the notary suspects the document is part of a fraudulent scheme but the signer is properly identified and willing. What may the notary do?
- Notarize and report the signer afterward
- Confiscate the document
- Refuse to notarize if there is reasonable belief the transaction is fraudulent or unlawful (Correct answer)
- Notarize because identity and willingness are all that matter
Correct answer: Refuse to notarize if there is reasonable belief the transaction is fraudulent or unlawful
A notary may refuse service when they reasonably believe the notarization would facilitate fraud or an unlawful act.
Question 4: A signer offers a notary a $50 tip to 'skip the ID check' because they forgot their wallet. The ethical response is to:
- Accept the tip but note 'no ID' in the certificate
- Accept the tip and rely on a credible witness later
- Perform the notarization at half the risk by copying the document
- Refuse the notarization and the payment (Correct answer)
Correct answer: Refuse the notarization and the payment
Accepting payment to bypass identification requirements is both unethical and unlawful.
Question 5: Which scenario best illustrates a notary acting with impartiality?
- Refusing service to someone based on their nationality
- Offering discounts to friends and family
- Notarizing only for customers of the notary's employer
- Providing the same service and fee to all lawful requesters regardless of personal feelings (Correct answer)
Correct answer: Providing the same service and fee to all lawful requesters regardless of personal feelings
Impartiality means serving all lawful requesters equally without favoritism or discrimination.
Question 6: A Connecticut notary receives a subpoena for records of a notarization they performed. What is the appropriate response?
- Refer the subpoena to the original signer for permission
- Ignore it because notary records are confidential
- Comply with the lawful subpoena and provide the requested records (Correct answer)
- Destroy the records to protect the signer
Correct answer: Comply with the lawful subpoena and provide the requested records
Notarial acts are official records, and a notary must comply with lawful court orders and subpoenas.
Question 7: A non-attorney notary helps a customer by explaining what a power of attorney legally accomplishes and which clauses to include. This conduct is:
- Allowed if no fee is charged for the advice
- Allowed if the notary once worked at a law firm
- Acceptable customer service
- Unauthorized practice of law and prohibited (Correct answer)
Correct answer: Unauthorized practice of law and prohibited
Explaining legal effects and drafting choices constitutes legal advice that non-attorney notaries may not give.
CT Notary Legal and Ethical Considerations 3
A Connecticut notary who is not an attorney advertises notary services in Spanish.
Which statement must they avoid implying?