MS Notary Legal and Ethical Responsibilities 2

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?

Accepted Answer

Refuse, because personal appearance of the signer is required

Answer

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?

Accepted Answer

Evidence of reasonable care, such as journal records showing the ID checked

Answer

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?

Accepted Answer

Advising a client which type of deed best transfers their property

Answer

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?

Accepted Answer

The notary may have a disqualifying financial or beneficial interest in the transaction

Answer

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?

Accepted Answer

Decline the tip and complete all required steps properly

Answer

A notary must never accept payment to omit required procedures, as this compromises the integrity of the notarial act.

(MS Notary) Mississippi Notary Exam Practice Test