Prohibited Acts and Misconduct Flashcards

An Iowa notary, who is also a licensed real estate agent, is handling the sale of a property for which they will earn a commission. The seller asks the notary to notarize their signature on the deed of trust. Which of the following is the correct action for the notary to take?

Answer: Refuse to notarize the signature due to a disqualifying interest in the transaction.

Iowa Code 9B.4(2) prohibits a notarial officer from performing a notarial act with respect to a record in which the officer has a direct beneficial interest. Earning a commission from the transaction described creates a direct financial interest, which is a conflict of interest. Therefore, the notary must refuse to perform the notarization.

A signer presents a document to an Iowa notary and says, 'I'm not sure if this needs an acknowledgment or a jurat. Which one should I choose?' Which of the following responses by the notary constitutes a prohibited act?

Answer: "For this type of document, an acknowledgment is typically sufficient."

Advising a signer on which type of notarial certificate to use is considered giving legal advice, which is a prohibited act for a non-attorney notary and constitutes the unauthorized practice of law. A notary may explain the difference between notarial acts but cannot recommend or choose one for the signer.

Which of the following acts by an Iowa notary is considered official misconduct and grounds for the Secretary of State to revoke their commission?

Answer: Performing a traditional notarization for an individual without that person being in the notary's physical presence.

Iowa Code 9B.6 explicitly requires the signer to appear personally before the notarial officer for a traditional (non-remote) notarial act. Failing to have the signer physically present is a serious violation of notary law and a fundamental breach of duty that could lead to commission revocation.

A client presents a pre-written affidavit to an Iowa notary. The document is complete except for a blank line in the middle of a sentence where a dollar amount is supposed to be written. The signer states they will fill it in later. What is the notary's proper course of action?

Answer: Refuse to notarize the document until the blank space is filled in or marked as 'not applicable'.

Iowa notaries should refuse to notarize documents with blank spaces intended for material information, as this could facilitate fraud. Iowa Code 9B.8 gives a notary the authority to refuse a notarization if they are not satisfied the signature is knowingly made. Notarizing an incomplete document is a prohibited act. The signer must complete the document or line through the space before the notarization can proceed.

Under Iowa law, a notary public is strictly prohibited from performing a notarial act on a document to which the notary is a party. The primary reason for this prohibition is to:

Answer: Ensure the impartiality of the notarial officer.

The core function of a notary is to act as an impartial, third-party witness. Notarizing a document to which you are a party or have a direct beneficial interest represents a conflict of interest and compromises the required impartiality of the notarial act. This is a fundamental principle of notarial practice.

Which of the following actions by an Iowa notary does NOT constitute a prohibited act or official misconduct?

Answer: Refusing to perform a notarization because the notary believes the signer is being coerced.

Iowa Code 9B.8 authorizes a notary to refuse to perform a notarial act if they are not satisfied that the signer is acting knowingly and voluntarily. Refusing to notarize due to suspected coercion is a required and responsible action. Using "Notario Publico" is prohibited for non-attorneys, withholding documents is not allowed, and choosing the certificate is the unauthorized practice of law.