IN Notary Notary Professional Responsibility 2 — Questions and Answers
Question 1: An Indiana notary is offered a $50 tip for notarizing a document quickly. What should the notary do?
- Accept the tip since it is separate from the notary fee
- Decline the tip and charge only the statutory fee (Correct answer)
- Accept the tip but report it to the Secretary of State
- Accept the tip only if the employer approves
Correct answer: Decline the tip and charge only the statutory fee
Indiana notaries should charge only the fees authorized by statute. Accepting tips creates an appearance of impropriety and could suggest the notary is being influenced.
Indiana law establishes maximum fees that notaries may charge for their services. Accepting tips or additional payments beyond the statutory fee raises ethical concerns about impartiality. A notary who accepts extra compensation may appear to be providing preferential treatment or could be seen as being compensated for overlooking irregularities. Professional responsibility requires the notary to charge only the authorized fee and decline any additional payments.
Question 2: Under Indiana law, can a notary refuse to perform a notarization?
- No, notaries must notarize any document presented to them
- Yes, but only if the document is in a foreign language
- Yes, a notary may refuse for any lawful reason (Correct answer)
- No, unless the Secretary of State grants an exemption
Correct answer: Yes, a notary may refuse for any lawful reason
An Indiana notary has the right to refuse any notarization for a lawful reason, including suspicion of fraud, inability to verify identity, or the signer's apparent lack of understanding.
Indiana notaries have broad discretion to decline a notarization for any lawful reason. Common legitimate reasons include: inability to positively identify the signer, suspicion of fraud or coercion, the signer appears not to understand the document, the document is incomplete, or the notary has a conflict of interest. However, a notary cannot refuse based on discriminatory reasons such as race, religion, gender, or national origin.
Question 3: An Indiana notary who is also a licensed attorney is asked to notarize and provide legal advice about the same document. Is this permitted?
- Yes, attorneys can always provide legal advice alongside notarization
- No, the notary should provide only notarial services OR legal services on the same document, not both (Correct answer)
- Yes, but only if the client pays separately for each service
- No, attorneys cannot serve as notaries in Indiana
Correct answer: No, the notary should provide only notarial services OR legal services on the same document, not both
Even attorney-notaries should avoid providing legal advice and notarial services on the same document to prevent conflicts of interest and confusion about their role.
While an attorney may hold a notary commission, serving in both capacities on the same document creates a conflict of interest. As a notary, the person is a neutral, impartial witness. As an attorney, they are an advocate for one party. Combining these roles on a single transaction undermines the notary's impartiality and could lead to liability issues. Best practice is to choose one role per transaction. If legal advice is needed, refer the client to another attorney for notarization, or vice versa.
Question 4: What is an Indiana notary's primary ethical obligation?
- To maximize the number of notarizations performed
- To act as an impartial witness and protect the integrity of the notarial process (Correct answer)
- To ensure documents are legally binding
- To advise signers on the best course of action
Correct answer: To act as an impartial witness and protect the integrity of the notarial process
The fundamental ethical obligation of any notary is to act as a neutral, impartial witness and to protect the integrity of the notarization process.
A notary public is a state-commissioned official whose primary duty is to serve as an impartial witness to deter fraud. This means verifying identities, ensuring signers are willing and aware, and maintaining the integrity of the notarial process. The notary does not represent any party, does not ensure legal validity, and does not provide advice. This impartiality is what gives notarized documents their enhanced credibility and legal weight.
Question 5: An Indiana notary discovers that a colleague notary is routinely skipping identity verification. What should the notary do?
- Ignore it since it is not their responsibility
- Report the misconduct to the Indiana Secretary of State (Correct answer)
- Confront the colleague directly
- Post about it on social media to warn the public
Correct answer: Report the misconduct to the Indiana Secretary of State
Notaries who become aware of another notary's misconduct should report it to the Indiana Secretary of State, who has authority to investigate and take disciplinary action.
The Indiana Secretary of State oversees notary commissions and has the authority to investigate complaints, take disciplinary action, and revoke commissions. When a notary witnesses another notary engaging in improper practices, reporting to the Secretary of State is the appropriate action. Ignoring misconduct enables continued harm to the public. Confronting the colleague alone may not resolve the issue, and social media is not an appropriate channel for official complaints.
Question 6: An Indiana notary's commission expires but they have not yet renewed. Can they continue performing notarial acts?
- Yes, there is a 30-day grace period after expiration
- No, they must immediately stop all notarial acts upon expiration (Correct answer)
- Yes, if they have already submitted their renewal application
- Yes, for existing clients only
Correct answer: No, they must immediately stop all notarial acts upon expiration
Once a notary's commission expires, they have no authority to perform any notarial acts, regardless of whether a renewal is pending.
A notary's authority derives entirely from their active commission. When the commission expires, that authority ends immediately with no grace period. Performing notarial acts with an expired commission is unauthorized and any notarizations performed are voidable. The former notary could face legal consequences for performing unauthorized notarial acts. If renewal is pending, the individual must wait until the new commission is officially granted before resuming notarial duties.
IN Notary Notary Professional Responsibility 2
An Indiana notary is offered a $50 tip for notarizing a document quickly.
What should the notary do?