Notary Liability and Ethics Flashcards
7 cards from real MO NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Notary Liability and Ethics flashcards as text
What is the primary purpose of a Missouri notary's required surety bond?
Answer: To protect the public from financial harm caused by notary misconduct
The surety bond protects the public by providing a source of compensation if the notary's misconduct or negligence causes financial harm to a signer or other party.
A Missouri notary is asked to explain what type of notarization is required for a legal document. What should the notary do?
Answer: Decline to give legal advice and refer the signer to an attorney
Advising signers on which type of notarization is required constitutes the unauthorized practice of law, so notaries must refer such questions to an attorney.
A signer appears visibly frightened and reluctant to sign a document being presented by a third party. What is the notary's ethical obligation?
Answer: Refuse to perform the notarization and suggest the signer seek help
A notary must refuse to notarize when there are signs that a signer is acting under duress or coercion, as voluntary action is essential to a valid notarization.
Is a Missouri notary personally liable for damages caused by their negligence that exceed the amount of the surety bond?
Answer: Yes, a notary can be personally liable for damages beyond the bond amount
The surety bond provides only a minimum level of protection; a notary can be personally sued and held liable for damages that exceed the $10,000 bond amount.
Which of the following actions by a Missouri notary constitutes the unauthorized practice of law?
Answer: Preparing or selecting the appropriate legal document for a signer
Preparing legal documents or advising signers on which documents to use constitutes the unauthorized practice of law, which is prohibited for notaries.
What is the required surety bond amount for a commissioned Missouri notary public?
Answer: $10,000
Missouri law requires notary public applicants to obtain a $10,000 surety bond as a condition of commissioning.
Which state authority has the power to revoke a Missouri notary's commission for misconduct?
Answer: The Missouri Secretary of State
The Missouri Secretary of State issues notary commissions and holds the authority to revoke or suspend them for misconduct or violations of notary law.