GA Notary Ethical Considerations and Responsibilities 2 — Questions and Answers
Question 1: A Georgia notary is asked to notarize a deed that will financially benefit a family member. What is the ethical requirement?
- Notarize it and disclose the relationship in the journal
- Refuse to notarize because the notary has a direct or indirect financial interest (Correct answer)
- Notarize it only if a second notary witnesses the act
- Notarize it since family relationships are not a conflict
Correct 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.
Question 2: Which of the following best describes the notary's duty of impartiality?
- The notary must assist signers who appear confused about document terms
- The notary must treat all signers equally without favoring any party to the transaction (Correct answer)
- The notary must explain all legal implications of the document
- The notary must advocate for the party who hired them
Correct 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.
Question 3: A notary is offered a $100 tip above the statutory fee for a same-day notarization. What is the ethical response?
- Accept it since tips are not regulated
- Decline it to avoid any appearance of impropriety or undue inducement (Correct answer)
- Accept it if the signer insists
- Accept it and note it in the notarial journal
Correct 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.
Question 4: What should a notary do if they personally know the signer and believe the signer is being coerced into signing?
- Notarize because personal knowledge of the signer satisfies identification
- Proceed but note the concern in the journal
- Refuse to perform the notarization and advise the signer they may seek help (Correct answer)
- Contact law enforcement before notarizing
Correct 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.
Question 5: A notary public in Georgia is an attorney who drafted the document being signed. Is it ethical to also notarize it?
- Yes, because attorneys are held to higher professional standards
- No, because the attorney-notary has a direct interest in the transaction (Correct answer)
- Yes, as long as the client consents in writing
- Yes, if another witness is present
Correct 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.
Question 6: When is it permissible for a Georgia notary to notarize their spouse's signature?
- Only on non-financial documents
- Only with written consent from the other party
- It is never permissible because the notary has a personal interest (Correct answer)
- It is permissible if the notary discloses the relationship
Correct 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.
Question 7: A notary discovers after completing a notarization that they had an undisclosed financial interest in the document. What is the correct course of action?
- Do nothing since the notarization is already complete
- Notify the parties and consider whether the act should be voided or redone by a disinterested notary (Correct answer)
- Cross out their signature and stamp from the document
- File an amended journal entry removing the conflict
Correct 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.
GA Notary Ethical Considerations and Responsibilities 2
A Georgia notary is asked to notarize a deed that will financially benefit a family member.
What is the ethical requirement?