DE Notary Notary Fees and Misconduct 2 — Questions and Answers
Question 1: May a Delaware notary advertise their services as a 'notario publico'?
- No, this term implies legal authority that Delaware notaries do not have (Correct answer)
- Yes, if they are bilingual
- Yes, to serve Spanish-speaking clients
- No, only the English title 'Notary Public' is recognized
Correct answer: No, this term implies legal authority that Delaware notaries do not have
Using the term 'notario publico' is prohibited because in Latin American cultures it implies an attorney's authority, which could mislead the public.
Question 2: A Delaware notary provides immigration advice to a signer. Is this permissible?
- No, unless the notary is also a licensed attorney (Correct answer)
- Yes, as part of standard notarial services
- Yes, if the notary has completed an immigration course
- No, but the notary can refer the signer to an attorney
Correct answer: No, unless the notary is also a licensed attorney
Providing immigration advice constitutes unauthorized practice of law and is prohibited for notaries who are not also licensed attorneys.
Question 3: Which behavior would subject a Delaware notary to disciplinary action?
- Backdating a notarial certificate (Correct answer)
- Declining to notarize a document with blanks
- Refusing to notarize if uncertain about signer identity
- Charging a fee below the maximum allowed
Correct answer: Backdating a notarial certificate
Backdating a notarial certificate is a fraudulent act that violates Delaware notary law and is grounds for disciplinary action.
Question 4: Can a Delaware notary be held personally liable for damages caused by their negligence?
- Yes, a notary can face personal civil liability for negligent notarial acts (Correct answer)
- No, the state indemnifies all notaries
- No, only the signer bears liability for document errors
- Yes, but only if the error was intentional
Correct answer: Yes, a notary can face personal civil liability for negligent notarial acts
Delaware notaries can be held personally liable in civil court for damages resulting from negligent performance of notarial acts.
Question 5: What should a Delaware notary do if they suspect a document is fraudulent?
- Refuse to perform the notarization (Correct answer)
- Proceed but note the suspicion in the journal
- Call local authorities before making any decision
- Ask the signer to sign a disclaimer
Correct answer: Refuse to perform the notarization
If a notary suspects a document or transaction is fraudulent, they must refuse the notarization to avoid participating in potential fraud.
Question 6: May a Delaware notary use their notary seal to endorse a product or business?
- No, the notary seal may only be used for official notarial acts (Correct answer)
- Yes, if it promotes notarial services
- Yes, for any professional endorsement
- No, but they may use their notary title in endorsements
Correct answer: No, the notary seal may only be used for official notarial acts
The official notary seal is reserved exclusively for official notarial acts and may not be used for personal endorsements or advertising.
DE Notary Notary Fees and Misconduct 2
May a Delaware notary advertise their services as a 'notario publico'?