Notary Fees and Misconduct Flashcards

A Delaware employer requires a notary employee to notarize documents without following proper procedures. What should the notary do?

Answer: Refuse and follow proper notarial procedures, even if pressured by the employer

A notary's duty to follow proper procedures supersedes employer pressure; notaries are personally responsible for each notarial act.

What is the purpose of a notary's surety bond in Delaware?

Answer: To provide financial protection to the public in case of notarial misconduct

The surety bond protects members of the public who suffer financial harm as a result of a notary's improper or negligent acts.

How should a Delaware notary respond if a signer asks them to explain the legal meaning of a document?

Answer: Decline to explain and suggest the signer consult an attorney

Explaining a document's legal meaning constitutes legal advice, which is the unauthorized practice of law; the notary should refer the signer to an attorney.

Which of the following is an example of improper notarial conduct in Delaware?

Answer: Notarizing a document the notary signed as a witness

A notary cannot notarize a document in which they served as a witness because this creates a conflict of interest and dual role.

If a Delaware notary's commission is suspended, what must they immediately do?

Answer: Stop performing all notarial acts during the suspension period

A suspended notary must immediately cease all notarial acts for the duration of the suspension; performing acts during suspension compounds the violation.

What is the role of the Delaware Secretary of State with respect to notaries?

Answer: Commissions, regulates, and disciplines notaries public

The Delaware Secretary of State is the state authority responsible for commissioning notaries, enforcing regulations, and taking disciplinary action when necessary.