Ethical Considerations Flashcards

What should a Michigan notary do if a close friend asks them to notarize a document that the notary knows contains false information?

Answer: Refuse to notarize and explain the reason to their friend

A Michigan notary must refuse to notarize a document if they know it contains false information, even if requested by a friend. Notaries have a duty to uphold the law and maintain the integrity of the notarial act. Notarizing a document known to be false would be unethical, illegal, and could lead to severe penalties.

Is it ethical for a Michigan notary to charge more than the state’s maximum allowed fee for notarization?

Answer: No, it is against state law and ethical standards

It is illegal and unethical for a Michigan notary to charge more than the maximum fee allowed by state law for a notarial act. State statutes set specific fee limits to ensure fair access to notarial services. Charging excessive fees can result in disciplinary action, fines, or even revocation of the notary's commission.

What is the ethical action for a Michigan notary if they suspect a signer is being coerced?

Answer: Refuse to notarize the document

If a Michigan notary suspects a signer is being coerced, they have an ethical and legal obligation to refuse the notarization. A core principle of notarization is ensuring the signer acts freely and willingly. Proceeding under suspicion of coercion would compromise the integrity of the act and could render the document invalid.

What should a Michigan notary do if they realize they made a mistake in a notarization after it has been completed?

Answer: Contact the signer and correct the error through proper legal procedures

If a Michigan notary realizes they made a mistake after a notarization is completed, they should contact the signer to correct the error through proper legal procedures. This might involve re-notarizing the document with the correct information or attaching a corrective certificate, depending on the nature of the error and state guidelines. It is crucial not to alter the original document without the signer's presence and proper procedure.

Can a Michigan notary provide legal advice about the documents they are notarizing?

Answer: No, unless they are also a licensed attorney

A Michigan notary public is generally prohibited from providing legal advice about the documents they are notarizing. Notaries are impartial witnesses, not legal experts, and giving advice could constitute the unauthorized practice of law. The only exception is if the notary is also a licensed attorney and is acting in that capacity.