Ethical Conduct Flashcards

What is the primary ethical responsibility of a notary public in Maryland?

Answer: To remain impartial and unbiased

The primary ethical responsibility of a notary public in Maryland is to remain impartial and unbiased. Notaries serve as neutral witnesses to document signings, ensuring fairness and preventing conflicts of interest. This impartiality is crucial for maintaining public trust and the integrity of the notarial act, distinguishing their role from that of a legal advisor.

What should a Maryland notary do if they suspect that a signer is being coerced or is not fully understanding the document?

Answer: Refuse to notarize the document

A Maryland notary must refuse to notarize a document if they suspect the signer is being coerced or does not fully understand the document. Notarization requires the signer to act willingly and knowingly, free from duress or confusion. Proceeding under such circumstances would compromise the validity of the notarial act and could facilitate fraud.

Can a Maryland notary use their seal on documents that have not been personally signed in their presence?

Answer: No, the notary must witness the signature

A Maryland notary cannot use their seal on documents that have not been personally signed in their presence. A fundamental duty of a notary is to witness the signer affixing their signature to the document. This personal presence requirement ensures the identity of the signer and the integrity of the notarial act, preventing fraudulent use of the notary's seal.

What action should a Maryland notary take if they make a mistake on a notarized document?

Answer: Notify the parties involved and issue a new notarization

If a Maryland notary makes a mistake on a notarized document, they should notify all involved parties and issue a new, correct notarization. Simply correcting and initialing the mistake on the original document may not be sufficient to ensure its legal validity. A new notarization ensures the document accurately reflects the intended act and maintains its integrity.

What should a Maryland notary do if they suspect that a document presented for notarization is fraudulent?

Answer: Refuse to notarize the document and report the suspicion

If a Maryland notary suspects a document presented for notarization is fraudulent, they must refuse to notarize it and report their suspicion. Notaries have a duty to protect the public from fraud and uphold the integrity of legal documents. Proceeding with a suspicious notarization could make the notary complicit in illegal activity.