IN Notary - Indiana Notary Notary Professional Responsibility Questions and Answers — Questions and Answers
Question 1: An Indiana notary public moves to a new residential address within the state. According to Indiana law, what is the notary's professional responsibility regarding this change?
- They are not required to take any action until their commission is up for renewal.
- They must notify the Secretary of State in writing or electronically within 30 days of the change. (Correct answer)
- They must purchase a new seal with the updated county information immediately.
- They must notify the county clerk in their new county of residence within 10 days.
Correct answer: They must notify the Secretary of State in writing or electronically within 30 days of the change.
Indiana Code 33-42-13-2 requires a notary public to notify the Secretary of State of any change to their mailing address or email address within thirty (30) days of the change. This ensures the Secretary of State can maintain accurate records and communicate with the notary.
Question 2: An Indiana notary's official stamping device is stolen from their locked car. To fulfill their professional responsibility, what is the first action the notary must take upon discovering the theft?
- File a report with their personal insurance company.
- Order a new stamping device with a different design.
- Publish a notice in a local newspaper to alert the public.
- Notify the Indiana Secretary of State in writing within 30 days of the discovery. (Correct answer)
Correct answer: Notify the Indiana Secretary of State in writing within 30 days of the discovery.
According to Indiana Code 33-42-13-3, a notary public whose stamping device is lost or stolen must provide written notice to the Secretary of State within thirty (30) days of discovering the loss or theft. This is a critical step in preventing fraudulent use of the seal.
Question 3: A client presents a power of attorney document to an Indiana notary and asks, "Can you please explain what rights I am giving away with this document before I sign it?" Which of the following is the most professionally responsible response from the notary?
- "I am prohibited from providing legal advice or explaining the document. I can only notarize your signature if you are signing willingly." (Correct answer)
- "This document allows your agent to handle all your financial affairs. Are you sure you want to proceed?"
- "Let me read it over quickly to summarize the main points for you."
- "You should rephrase section three to better protect your interests."
Correct answer: "I am prohibited from providing legal advice or explaining the document. I can only notarize your signature if you are signing willingly."
A notary public who is not a licensed attorney is strictly prohibited from engaging in the unauthorized practice of law. Explaining the legal effects of a document, offering opinions, or giving advice on its content constitutes the practice of law. The notary's role is to verify identity, witness the signing, and complete the notarial certificate.
Question 4: Which of the following represents a legitimate and professionally responsible reason for an Indiana notary to refuse to perform a notarial act?
- The document is written in a foreign language that the notary cannot read.
- The notary has a reasonable belief that the signer is being coerced and is not acting of their own free will. (Correct answer)
- The notary personally disagrees with the political statement contained within the document.
- The signer cannot pay the notarial fee with cash and only has a credit card.
Correct answer: The notary has a reasonable belief that the signer is being coerced and is not acting of their own free will.
A primary duty of a notary public is to prevent fraud and ensure that transactions are executed willingly. If a notary has a reasonable belief that the signer is being forced, is not aware of the document's nature, or is otherwise incapacitated, the notary has a professional responsibility to refuse the notarization.
Question 5: An Indiana notary's commission expires, and they decide not to reapply. What professional responsibility does the former notary have regarding their official seal/stamping device?
- They must sell the device to another commissioned Indiana notary.
- They must store the device for seven years in case of future legal inquiries.
- They must destroy or deface the device to make it unusable. (Correct answer)
- They must surrender the device to the county clerk's office where they last resided.
Correct answer: They must destroy or deface the device to make it unusable.
Indiana Code 33-42-13-4(b) requires that upon expiration, resignation, or revocation of a commission, the notary public must destroy or deface the stamping device so it cannot be misused. This prevents fraudulent notarizations from being performed with an invalid commission.
Question 6: An Indiana notary serves on the volunteer board of a small nonprofit organization. The organization is applying for a grant, and the application requires the notarized signature of the board's treasurer. The notary is asked to perform the notarization. The notary has no financial stake and is not the signer. What should the notary do?
- Notarize the signature but add a note in their journal about their board membership.
- Refuse to notarize the signature due to a conflict of interest. (Correct answer)
- Ask the treasurer to sign, and then complete the notarization after the board meeting.
- Notarize the signature since they are not receiving any personal financial benefit.
Correct answer: Refuse to notarize the signature due to a conflict of interest.
Indiana Code 33-42-14-6 prohibits a notary from performing a notarial act if the notary is a party to or is named in the record. As a member of the board of directors for the nonprofit, the notary is considered a party to the transaction, creating a disqualifying interest. The notary must refuse to avoid a conflict of interest.
IN Notary - Indiana Notary Notary Professional Responsibility Questions and Answers
An Indiana notary public moves to a new residential address within the state.
According to Indiana law, what is the notary's professional responsibility regarding this change?