MS Notary Legal and Ethical Responsibilities 3 — Questions and Answers
Question 1: In Mississippi, what happens to a notary's official misconduct liability if their surety bond pays a damaged party?
- The notary must reimburse the surety company for the amount paid (Correct answer)
- The notary owes nothing further
- The state covers the remaining balance
- The claim is automatically dismissed
Correct answer: The notary must reimburse the surety company for the amount paid
The bond protects the public, not the notary, so the surety can recover payouts from the notary personally.
Question 2: A document presented for notarization has blank spaces where key terms should be. What should a Mississippi notary do?
- Ask the signer to complete or line through the blanks before notarizing (Correct answer)
- Notarize it and let the parties fill blanks later
- Fill in the blanks personally with reasonable values
- Notarize only the completed pages
Correct answer: Ask the signer to complete or line through the blanks before notarizing
Notarizing documents with material blanks invites fraud, so blanks should be completed or struck before the notarization.
Question 3: A Mississippi notary is subpoenaed to testify about a notarization they performed. Which record best supports their testimony?
- Their notarial journal entry for that transaction (Correct answer)
- A photocopy of their commission certificate
- Their surety bond receipt
- The signer's business card
Correct answer: Their notarial journal entry for that transaction
The journal is the notary's contemporaneous evidence of what occurred during the notarization.
Question 4: Which scenario shows a Mississippi notary properly handling a suspected coerced signer?
- Speaking with the signer privately and refusing if the signer seems unwilling (Correct answer)
- Notarizing quickly to defuse the situation
- Asking the accompanying party to confirm the signer's willingness
- Notarizing but writing 'possible duress' in the certificate
Correct answer: Speaking with the signer privately and refusing if the signer seems unwilling
The notary must confirm the signer acts willingly, and refusing is required when willingness is in doubt.
Question 5: A Mississippi notary is also a real estate agent earning commission on a sale. May they notarize the closing documents for that sale?
- No, because their commission gives them a financial interest in the transaction (Correct answer)
- Yes, if they disclose the commission in the certificate
- Yes, because dual roles are always permitted
- No, because real estate agents cannot be notaries
Correct answer: No, because their commission gives them a financial interest in the transaction
Earning a commission from the transaction creates a disqualifying financial interest.
Question 6: What is the ethical problem with a Mississippi notary advertising 'notario público' services to Spanish-speaking clients?
- It falsely implies the notary has attorney-like legal authority, deceiving immigrant clients (Correct answer)
- Foreign languages cannot appear in advertising
- Notaries may not advertise at all
- The term is only allowed for court clerks
Correct answer: It falsely implies the notary has attorney-like legal authority, deceiving immigrant clients
In many Latin American countries a 'notario' is a licensed legal professional, so the term misleads clients about the notary's authority.
Question 7: A notary's friend asks them to backdate a notarization to before a contract deadline. What should the notary do?
- Refuse, because the certificate must state the actual date of notarization (Correct answer)
- Backdate it since the friend signed earlier anyway
- Backdate it but note the real date in the journal
- Leave the date blank for the friend to complete
Correct answer: Refuse, because the certificate must state the actual date of notarization
Backdating a notarial certificate is a false certification and is strictly prohibited.
MS Notary Legal and Ethical Responsibilities 3
In Mississippi, what happens to a notary's official misconduct liability if their surety bond pays a damaged party?