Free Notary Public Questions and Answers 3

Question 1

What is a "protest" in notary terminology?

Accepted Answer

A notarial act certifying that a negotiable instrument was presented for payment and refused

Answer

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:

Accepted Answer

Provide legal advice and draft documents as an attorney, and separately notarize in their notary capacity

Answer

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:

Accepted Answer

Decline to notarize and suggest the signer consult with a physician or attorney given the capacity concern

Answer

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?

Accepted Answer

The journal is the notary's private record; the notarial certificate is the formal public attestation on the document

Answer

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:

Accepted Answer

A hearing and opportunity to respond through the state's administrative process

Answer

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.

Notary Public Practice Test

Notary Public Practice Test

Free Notary Public Questions and Answers 3