Free Ethics & Professional Conduct Questions and Answers 3

Question 1

What is the ethical obligation of a notary when a signer requests that the notary back-date a document?

Accepted Answer

The notary must refuse — falsifying the date of a notarial act is fraud

Answer

Back-dating a notarial certificate is fraud. A notary must always enter the actual date of the notarial act. Any request to falsify the date must be refused, and the notary should decline to perform the act.

Question 2

Which of the following best illustrates the unauthorized practice of law (UPL) by a notary?

Accepted Answer

Selecting the appropriate legal form for a client and advising them on its content

Answer

Selecting the appropriate legal form for a client and advising them on its content constitutes legal advice and the practice of law. A notary who is not also a licensed attorney must not provide such guidance.

Question 3

A notary observes that the signer of a will appears very agitated and keeps looking to another person in the room for permission to sign. The notary should:

Accepted Answer

Refuse to proceed or speak privately with the signer to confirm free and voluntary signing

Answer

Apparent duress or undue influence — such as looking to another person before signing — is a red flag. The ethical notary should privately speak with the signer or refuse to proceed if free signing cannot be confirmed.

Question 4

Professional conduct standards require a notary to keep their official seal:

Accepted Answer

Secure and under the sole control of the notary at all times

Answer

A notary's official seal must be kept secure under the sole control of the notary. Allowing others to use the seal or leaving it unattended creates liability and is a violation of commission duties.

Question 5

A notary who knowingly performs a false notarization may face:

Accepted Answer

Criminal prosecution, civil liability, commission revocation, and fines

Answer

Knowingly performing a false notarization is fraud. Consequences can include criminal prosecution (felony in many states), civil liability for damages, immediate revocation of the notary commission, and personal fines.

Notary Public Practice Test

Notary Public Practice Test

Free Ethics & Professional Conduct Questions and Answers 3