DE Notary Notary Fees and Misconduct 2

Question 1

May a Delaware notary advertise their services as a 'notario publico'?

Accepted Answer

No, this term implies legal authority that Delaware notaries do not have

Answer

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?

Accepted Answer

No, unless the notary is also a licensed attorney

Answer

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?

Accepted Answer

Backdating a notarial certificate

Answer

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?

Accepted Answer

Yes, a notary can face personal civil liability for negligent notarial acts

Answer

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?

Accepted Answer

Refuse to perform the notarization

Answer

If a notary suspects a document or transaction is fraudulent, they must refuse the notarization to avoid participating in potential fraud.

DE Notary - Delaware Notary Exam Practice Test