Notary Liability and Ethics Flashcards

How does a Missouri notary's surety bond differ from Errors and Omissions (E&O) insurance?

Answer: The bond protects the public while E&O insurance protects the notary personally

The surety bond is for the public's benefit — harmed parties can file claims against it — while E&O insurance covers the notary's personal liability and legal defense costs.

A signer asks a Missouri notary to charge a reduced fee as a personal favor. May the notary charge less than the statutory maximum fee?

Answer: Yes, notaries may charge less than or entirely waive the maximum allowable fee

Missouri law sets the maximum fee a notary may charge per notarial act, but a notary is free to charge a lesser amount or provide services at no charge.

A Missouri notary cannot satisfactorily verify the identity of a prospective signer. What must the notary do?

Answer: Refuse to perform the notarization until proper identification is provided

Verifying the signer's identity is a mandatory prerequisite; if identity cannot be established through satisfactory identification, the notary must refuse to proceed.

Which of the following actions constitutes notary misconduct in Missouri that could result in commission revocation?

Answer: Notarizing a document without the signer being personally present during an in-person notarization

For in-person notarizations, the signer must appear before the notary; completing a notarization without required physical presence constitutes serious misconduct.

May a Missouri notary notarize their own signature on a document?

Answer: No, a notary cannot notarize their own signature under any circumstances

A notary cannot notarize their own signature because doing so eliminates the independent third-party witness relationship that is the essence of notarization.

What does it mean that a Missouri notary public is a 'ministerial' officer rather than a 'discretionary' one?

Answer: The notary must follow required procedures without exercising personal legal judgment

As a ministerial officer, a notary follows established statutory procedures exactly as prescribed by law, without substituting personal legal judgment or opinion about the transaction.

If a Missouri notary makes an honest, non-willful mistake that causes a signer financial harm, what is the likely legal outcome?

Answer: The harmed party may file a claim against the notary's surety bond and potentially sue the notary personally

Even honest mistakes can result in a claim against the notary's surety bond, and the notary may face a personal civil lawsuit for damages not fully covered by the bond.