Free Notary Public Questions and Answers 3 — Questions and Answers
Question 1: What is a "protest" in notary terminology?
- A formal objection filed against a fraudulent notarization
- A notarial act certifying that a negotiable instrument was presented for payment and refused (Correct answer)
- A complaint filed against a notary with the state commissioning authority
- A statement that the notary objects to the content of a document
Correct answer: A notarial act certifying that a negotiable instrument was presented for payment and refused
A protest is a notarial act in which the notary formally certifies that a negotiable instrument (such as a check or bill of exchange) was presented for payment, the demand was made, and payment was refused. It is primarily used in commercial transactions.
Question 2: If a notary is also an attorney, they may:
- Charge an unlimited notary fee because of their legal expertise
- Provide legal advice and draft documents as an attorney, and separately notarize in their notary capacity (Correct answer)
- Skip signer identification because they know the clients professionally
- Notarize their own documents since they are also licensed
Correct answer: Provide legal advice and draft documents as an attorney, and separately notarize in their notary capacity
A notary who is also a licensed attorney may provide legal advice and draft legal documents for clients in their capacity as an attorney, and then notarize in their capacity as a notary. However, they should clearly separate the two roles.
Question 3: A notary is asked to notarize a medical power of attorney for an elderly patient. The patient appears confused and asks the notary what the document is. The notary should:
- Explain the document in detail and then proceed
- Proceed if the signer is over 18 years old
- Decline to notarize and suggest the signer consult with a physician or attorney given the capacity concern (Correct answer)
- Notarize only if a family member approves
Correct answer: Decline to notarize and suggest the signer consult with a physician or attorney given the capacity concern
If the signer appears unable to understand the nature of the document, this raises a capacity concern. The notary should decline to notarize and may suggest the signer consult with a physician or attorney before proceeding.
Question 4: Which of the following best describes the difference between a notary's journal and a notarial certificate?
- They are the same document kept in two places
- The journal is the notary's private record; the notarial certificate is the formal public attestation on the document (Correct answer)
- The certificate is kept by the notary; the journal is attached to the document
- Both are submitted to the state after each notarial act
Correct answer: The journal is the notary's private record; the notarial certificate is the formal public attestation on the document
A journal is the notary's internal chronological record of all acts performed (kept by the notary). A notarial certificate is the formal written statement completed on or attached to the document that describes the notarial act (part of the public record).
Question 5: A notary charged with misconduct has the right to:
- Continue notarizing until final conviction in court
- A hearing and opportunity to respond through the state's administrative process (Correct answer)
- Automatic reinstatement after one year
- Transfer their commission to another state immediately
Correct answer: A hearing and opportunity to respond through the state's administrative process
A notary who faces disciplinary action or commission revocation has the right to a hearing process and opportunity to respond, as provided by administrative law. Due process protections apply in most states.
Question 6: Under what circumstance may a notary sign a document on behalf of the signer?
- Whenever the signer is unavailable and the notary trusts them
- Only when authorized by state law for signers physically unable to sign, following prescribed procedures (Correct answer)
- Any time the signer grants verbal permission
- Never under any circumstances
Correct answer: Only when authorized by state law for signers physically unable to sign, following prescribed procedures
A notary may generally sign on behalf of a signer only in states that authorize "signature by notary" for signers who are physically unable to sign (e.g., severe disability). Specific procedures must be followed, including in some states a witness requirement.
Free Notary Public Questions and Answers 3
What is a "protest" in notary terminology?