MO Notary Notary Liability and Ethics 2

Question 1

May a Missouri notary perform a notarial act on a document in which the notary has a direct financial or beneficial interest?

Accepted Answer

No, a notary must not notarize a document in which they have a direct interest

Answer

Yes, as long as the notary discloses the conflict in the journal

Answer

Yes, if the signer provides written consent to the conflict

Answer

No, unless the notary is also an attorney licensed in Missouri

Question 2

Is Errors and Omissions (E&O) insurance required for Missouri notary publics?

Accepted Answer

No, E&O insurance is optional but strongly recommended

Answer

Yes, it is required in addition to the surety bond

Answer

Yes, but only for notaries who perform remote online notarizations

Answer

No, Missouri law prohibits notaries from purchasing E&O insurance

Question 3

A Missouri notary's adult child asks the notary to notarize the child's signature on a real estate deed. What should the notary do?

Accepted Answer

Decline, as notarizing for an immediate family member creates a disqualifying conflict of interest

Answer

Proceed, since an adult child is legally independent from the notary

Answer

Proceed only if the notary has no financial interest in the property

Answer

Proceed but use a different seal to indicate the familial relationship

Question 4

A notary believes a document presented for notarization is being used to commit fraud. What is the correct ethical course of action?

Accepted Answer

Refuse to perform the notarization

Answer

Complete the notarization but report the suspicion to law enforcement afterward

Answer

Notarize the document and record the suspicion in the journal

Answer

Contact the Secretary of State before deciding whether to proceed

Question 5

Which ethical principle requires a Missouri notary to serve all eligible signers equally without discrimination?

Accepted Answer

The principle of impartiality

Answer

The principle of confidentiality

Answer

The principle of non-advocacy

Answer

The principle of competency

Question 6

What is the potential criminal consequence for a Missouri notary who willfully makes a false entry in the notarial journal?

Accepted Answer

Criminal prosecution for a misdemeanor or felony depending on the harm caused

Answer

A civil fine only, with no criminal exposure

Answer

Commission revocation but no criminal charges

Answer

A mandatory 30-day suspension of the notary commission

Question 7

A notary is pressured by an employer to notarize a document the notary believes is improper. What ethical duty applies?

Accepted Answer

The notary must refuse, as the commission is personal and independent of any employer

Answer

The notary must comply since the employer has supervisory authority

Answer

The notary may comply once and then report the employer to the Secretary of State

Answer

The notary should comply but note the coercion in the notarial journal