MS Notary Legal and Ethical Responsibilities 2 — Questions and Answers
Question 1: A Mississippi notary is asked by their employer to notarize a document for a customer who is not present. What should the notary do?
- Refuse, because personal appearance of the signer is required (Correct answer)
- Comply, since the employer takes responsibility
- Notarize it if the customer is known to the employer
- Notarize it and note the absence in the journal
Correct answer: Refuse, because personal appearance of the signer is required
Personal appearance before the notary at the time of notarization is mandatory, regardless of employer pressure.
Question 2: A Mississippi notary discovers after the fact that a signer used a fake ID. What is the notary's best protection against liability?
- Evidence of reasonable care, such as journal records showing the ID checked (Correct answer)
- Immediately destroying the notarial certificate
- Blaming the signer in a written statement
- Canceling their commission voluntarily
Correct answer: Evidence of reasonable care, such as journal records showing the ID checked
A notary who exercised reasonable care and documented identification is generally protected from liability for a well-forged ID.
Question 3: Which action by a Mississippi notary would constitute the unauthorized practice of law?
- Advising a client which type of deed best transfers their property (Correct answer)
- Completing a notarial certificate chosen by the signer
- Refusing to notarize an incomplete document
- Explaining the difference between an acknowledgment and a jurat
Correct answer: Advising a client which type of deed best transfers their property
Recommending or selecting legal documents for others is legal advice, which non-attorney notaries may not give.
Question 4: A notary's spouse is selling a car and asks the notary to notarize the bill of sale. Why should the notary decline?
- The notary may have a disqualifying financial or beneficial interest in the transaction (Correct answer)
- Spouses can never sign legal documents
- Bills of sale cannot be notarized in Mississippi
- The notary's seal is invalid for family use
Correct answer: The notary may have a disqualifying financial or beneficial interest in the transaction
Notaries should not notarize transactions in which they or their spouse have a direct financial or beneficial interest.
Question 5: A signer offers a Mississippi notary a $50 tip for rushing a notarization and skipping the journal entry. What should the notary do?
- Decline the tip and complete all required steps properly (Correct answer)
- Accept the tip but complete the journal later
- Accept the tip since gratuities are unregulated
- Skip the journal but refuse the money
Correct answer: Decline the tip and complete all required steps properly
A notary must never accept payment to omit required procedures, as this compromises the integrity of the notarial act.
Question 6: Which of the following is a proper reason for a Mississippi notary to refuse a notarization?
- The signer appears intoxicated and unaware of what they are signing (Correct answer)
- The signer is of a different religion than the notary
- The document is written for use in another state
- The signer arrived near the end of business hours
Correct answer: The signer appears intoxicated and unaware of what they are signing
A notary must refuse when the signer lacks awareness or willingness, but may not refuse for discriminatory or arbitrary reasons.
Question 7: A Mississippi notary certificate states the signer 'personally appeared,' but the notary handled it over an unauthorized phone call. What has the notary committed?
- A false certification, which can lead to civil and criminal penalties (Correct answer)
- A minor clerical error with no consequences
- An acceptable modern accommodation
- A violation only if the document is later disputed
Correct answer: A false certification, which can lead to civil and criminal penalties
Certifying facts that did not occur is a false certification and exposes the notary to serious penalties.
MS Notary Legal and Ethical Responsibilities 2
A Mississippi notary is asked by their employer to notarize a document for a customer who is not present.
What should the notary do?