IN Notary Professional Conduct 2 — Questions and Answers
Question 1: An Indiana notary is asked to notarize a document for their spouse. Is this permitted?
- Yes, family members can always be notarized
- No, notarizing for a spouse creates a direct beneficial interest that is prohibited (Correct answer)
- Yes, if the document does not involve property
- Yes, but another witness must be present
Correct answer: No, notarizing for a spouse creates a direct beneficial interest that is prohibited
Notarizing for a spouse is generally prohibited because the notary has a direct beneficial interest in the transaction, compromising their impartiality.
Indiana law prohibits notaries from notarizing documents in which they have a direct beneficial interest. A spouse's transaction almost always involves a direct beneficial interest for the notary (shared finances, property, legal obligations). Even if the notary believes they have no financial stake, the appearance of impartiality is compromised. Best practice is to always decline and refer the spouse to another notary to avoid any conflict.
Question 2: A notary working at a car dealership is told by the manager to notarize a customer's signature without the customer being present. What should the notary do?
- Comply with the manager to keep their job
- Refuse and explain that personal appearance is legally required (Correct answer)
- Notarize but add a note that the signer was absent
- Ask another employee to sign on behalf of the customer
Correct answer: Refuse and explain that personal appearance is legally required
The notary must refuse. Personal appearance of the signer is a legal requirement that cannot be waived by an employer directive.
No employer directive can override the legal requirement for personal appearance. Notarizing without the signer present is fraudulent and could result in criminal charges, commission revocation, and civil liability for the notary. If the employer pressures the notary to violate the law, the notary should firmly decline and, if necessary, report the employer's behavior. Indiana law protects notaries from retaliation for refusing to perform improper notarial acts.
Question 3: An Indiana notary discovers they accidentally notarized a document for a person who used a fake ID. What should the notary do?
- Do nothing since the error was unintentional
- Notify the affected parties, report the incident, and document it in their journal (Correct answer)
- Destroy the journal entry to avoid liability
- Re-notarize the document correctly
Correct answer: Notify the affected parties, report the incident, and document it in their journal
The notary should notify affected parties, report the incident to the Secretary of State and possibly law enforcement, and make a detailed journal note.
When a notary discovers they were deceived by a fraudulent ID, they should take immediate corrective action: notify the parties who may be affected by the fraudulent notarization, report the incident to the Secretary of State and potentially to law enforcement, and make a detailed entry in their journal documenting the discovery and actions taken. This transparency helps protect the notary from liability and aids in fraud investigation. Destroying journal entries would compound the problem.
Question 4: An Indiana notary notices that a signer appears to be under duress or coercion. What is the notary's obligation?
- Proceed with the notarization since it is not the notary's business
- Refuse to notarize and, if appropriate, notify law enforcement (Correct answer)
- Ask the signer to confirm they are signing voluntarily and proceed
- Notarize but add a note about the observation
Correct answer: Refuse to notarize and, if appropriate, notify law enforcement
If a notary suspects the signer is under duress or being coerced, they must refuse to perform the notarization. Willingness is a requirement for valid notarial acts.
One of the notary's fundamental duties is to ensure the signer is acting voluntarily and is aware of what they are signing. Signs of duress include a nervous or frightened demeanor, another person speaking for the signer, the signer looking to someone else for permission, or visible signs of physical intimidation. The notary should refuse the notarization and may need to contact law enforcement if they believe the person is in danger. Proceeding under these circumstances makes the notarization voidable and exposes the notary to liability.
Question 5: What advertising restriction applies to Indiana notaries who are not attorneys?
- They cannot advertise their notary services at all
- They must not use terms like 'notario publico' or imply they can provide legal advice (Correct answer)
- They can use any advertising they choose
- They must include their bond number in all advertisements
Correct answer: They must not use terms like 'notario publico' or imply they can provide legal advice
Non-attorney notaries in Indiana must not use the term 'notario publico' or any other term that implies they can provide legal services or immigration assistance.
In many Latin American countries, a 'notario publico' is a highly trained legal professional similar to an attorney. In the United States, a notary public has much more limited authority. Using the term 'notario publico' or similar terms can mislead immigrants into believing the notary can provide legal services, leading to exploitation. Indiana law and best practices prohibit non-attorney notaries from using these terms or any advertising that implies legal expertise beyond their notarial authority.
Question 6: Can an Indiana notary charge a fee for services not performed?
- Yes, a consultation fee is appropriate
- No, fees may only be charged for notarial acts actually performed (Correct answer)
- Yes, if the signer cancels at the last minute
- Yes, travel fees can be charged even if no notarization occurs
Correct answer: No, fees may only be charged for notarial acts actually performed
Notarial fees may only be charged for notarial acts actually performed. Charging for unperformed services is improper.
Indiana statutory notary fees are tied to the actual performance of notarial acts. If a notarization is not performed (because the signer fails to appear, lacks proper ID, or the notary refuses for cause), the notary should not charge the notarial fee. However, if the notary traveled to the location as a mobile notary, they may have a separate travel fee agreement that applies regardless of whether the notarization was completed, since travel is a non-notarial service.
IN Notary Professional Conduct 2
An Indiana notary is asked to notarize a document for their spouse.
Is this permitted?