GA Notary Prohibited and Unlawful Acts 2

Question 1

A client asks their Georgia notary to explain which type of property deed would best protect their interests. The notary should:

Accepted Answer

Refuse, as advising on legal matters constitutes unauthorized practice of law

Answer

Explain the differences briefly as a courtesy

Answer

Recommend the most common deed type used in Georgia

Answer

Refer the client to a real estate manual and then advise them

Question 2

A Georgia notary notices that a signer appears frightened and is hesitating before signing. What is the proper action?

Accepted Answer

Ask the other parties to step out and privately confirm the signer is acting voluntarily

Answer

Proceed quickly to minimize the signer's discomfort

Answer

Administer the oath and continue since the signer is physically present

Answer

Call the county clerk for guidance before proceeding

Question 3

A Georgia notary uses a fellow notary's official seal on a document with that notary's verbal permission. This act is:

Accepted Answer

Unlawful and may constitute forgery

Answer

Permissible since verbal consent was given

Answer

Permissible only in genuine emergency situations

Answer

Acceptable if the other notary co-signs the notarial certificate

Question 4

A Georgia notary is asked to notarize a document that has several blank spaces not yet filled in. The notary should:

Accepted Answer

Refuse to notarize until all blank spaces are completed

Answer

Proceed if the signer is a trusted regular client

Answer

Notarize only the signature portion and ignore the blanks

Answer

Require a separate written agreement about the blank spaces first

Question 5

A Georgia notary enters a date on the notarial certificate that is one week earlier than the actual notarization date to meet the client's deadline. This act is:

Accepted Answer

Unlawful backdating that may constitute fraud or forgery

Answer

A minor technical error correctable with an addendum

Answer

Acceptable if both parties agree to the earlier date in writing

Answer

Permitted if the document was prepared within that earlier date's window

Question 6

A Georgia notary who willfully makes a false certification on a public document may face which of the following consequences?

Accepted Answer

Commission revocation and potential felony forgery charges

Answer

A $50 administrative fine and a written warning only

Answer

A mandatory 30-day suspension with no criminal liability

Answer

A corrective training requirement for a first offense

Question 7

A notary discovers one week after performing a notarization that their commission had expired the day before the act. What is the most accurate legal assessment?

Accepted Answer

The notarization is unlawful and may be invalid; the notary could face penalties

Answer

The notarization is valid since the commission lapsed by only one day

Answer

The notarization is automatically cured upon commission renewal

Answer

The document only needs to be re-stamped once the commission is renewed