MO Notary Notary Liability and Ethics 3

Question 1

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

Accepted Answer

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

Answer

The bond protects the notary while E&O insurance protects the public

Answer

Both protect the public but the bond is required and E&O is optional

Answer

Both protect the notary, but only the bond is recognized under Missouri law

Question 2

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?

Accepted Answer

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

Answer

No, notaries must always charge the exact statutory fee amount

Answer

No, charging less than the maximum is considered unfair competition

Answer

Yes, but only with prior written approval from the Secretary of State

Question 3

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

Accepted Answer

Refuse to perform the notarization until proper identification is provided

Answer

Proceed with the notarization and note the identity concern in the journal

Answer

Ask for additional documents and proceed if any are offered regardless of quality

Answer

Complete the notarization contingent on the signer returning later with better ID

Question 4

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

Accepted Answer

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

Answer

Charging the full statutory maximum fee for a routine acknowledgment

Answer

Refusing to notarize for a signer who lacks acceptable identification

Answer

Maintaining a record of every notarial act in a bound journal

Question 5

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

Accepted Answer

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

Answer

Yes, if they disclose the self-interest in the journal entry

Answer

Yes, but only for documents not involving real property transfers

Answer

No, unless a second commissioned notary witnesses the act

Question 6

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

Accepted Answer

The notary must follow required procedures without exercising personal legal judgment

Answer

The notary may use professional discretion to interpret ambiguous legal documents

Answer

The notary has broad authority to determine the legality of the underlying transaction

Answer

The notary is a government employee who reports directly to the Secretary of State

Question 7

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

Accepted Answer

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

Answer

The notary has absolute immunity from liability for non-willful errors

Answer

The Secretary of State compensates the harmed party from a state indemnity fund

Answer

The notary faces criminal charges only if the error results in more than $10,000 in harm