Ethical Considerations and Responsibilities Flashcards
7 cards from real GA NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Ethical Considerations and Responsibilities flashcards as text
A Georgia notary is asked to notarize a deed that will financially benefit a family member. What is the ethical requirement?
Answer: Refuse to notarize because the notary has a direct or indirect financial interest
Georgia notaries must refuse to notarize documents in which they have a direct or indirect financial interest, including those benefiting close family members.
Which of the following best describes the notary's duty of impartiality?
Answer: The notary must treat all signers equally without favoring any party to the transaction
Impartiality requires that a notary treat all parties equally and not take sides or show favoritism in any notarial act.
A notary is offered a $100 tip above the statutory fee for a same-day notarization. What is the ethical response?
Answer: Decline it to avoid any appearance of impropriety or undue inducement
Accepting payments beyond the statutory fee can create an appearance of impropriety and compromise the notary's impartiality.
What should a notary do if they personally know the signer and believe the signer is being coerced into signing?
Answer: Refuse to perform the notarization and advise the signer they may seek help
A notary must refuse to notarize when a signer appears to be acting under duress, as willingness is a prerequisite for a lawful notarial act.
A notary public in Georgia is an attorney who drafted the document being signed. Is it ethical to also notarize it?
Answer: No, because the attorney-notary has a direct interest in the transaction
Even attorney-notaries must avoid notarizing documents in which they have a financial or personal interest, including documents they drafted for a fee.
When is it permissible for a Georgia notary to notarize their spouse's signature?
Answer: It is never permissible because the notary has a personal interest
Notarizing a spouse's signature creates a personal interest conflict and is prohibited regardless of disclosure.
A notary discovers after completing a notarization that they had an undisclosed financial interest in the document. What is the correct course of action?
Answer: Notify the parties and consider whether the act should be voided or redone by a disinterested notary
Discovering a post-act conflict requires notifying all affected parties so they can seek proper remediation, potentially including a new notarization.