NH Notary NH Notary Prohibited Acts and Liability 2 — Questions and Answers
Question 1: Under NH law, which of the following statements about a notary's seal is correct?
- A notary's seal is the notary's personal property and must be surrendered to no one, including the employer, upon separation (Correct answer)
- The seal belongs to the employer if they purchased it
- The seal must be returned to the Secretary of State upon commission expiration
- The seal becomes community property if the notary is married
Correct answer: A notary's seal is the notary's personal property and must be surrendered to no one, including the employer, upon separation
The notary's official seal is personal property of the notary; an employer cannot claim it upon the notary leaving employment.
Question 2: What must a NH notary do with their seal and journal if their commission expires and is not renewed?
- Retain them securely; the seal should be destroyed or defaced and the journal kept for 10 years (Correct answer)
- Mail them to the NH Secretary of State immediately
- Destroy both the seal and journal immediately upon expiration
- Transfer them to another commissioned notary
Correct answer: Retain them securely; the seal should be destroyed or defaced and the journal kept for 10 years
Upon commission expiration without renewal, the notary should destroy or deface the seal to prevent unauthorized use and retain the journal for the full 10-year retention period.
Question 3: A NH notary notarizes a document and later discovers the signer lied about their identity. Who bears legal liability?
- The signer bears primary liability; the notary is protected if they followed proper identification procedures (Correct answer)
- The notary is always fully liable regardless of deception by the signer
- The Secretary of State's office assumes liability for fraudulent acts
- Liability falls equally on the notary and the signer regardless of circumstances
Correct answer: The signer bears primary liability; the notary is protected if they followed proper identification procedures
If the notary followed proper identification procedures, a signer's deception shifts criminal and civil liability to the signer; the notary is protected by good-faith compliance.
Question 4: Which NH statutory authority governs the discipline and revocation of a notary's commission?
- The NH Secretary of State, who may suspend or revoke a commission for misconduct (Correct answer)
- The NH Supreme Court
- The county sheriff of the notary's residence
- The local city or town clerk
Correct answer: The NH Secretary of State, who may suspend or revoke a commission for misconduct
The NH Secretary of State has authority to investigate complaints, suspend, and revoke notary commissions for misconduct or violations of NH RSA 456-B.
Question 5: A NH notary public attempts to perform a notarial act in a state other than New Hampshire. Is this valid?
- No, a NH notary's commission only authorizes acts performed within the state of New Hampshire (Correct answer)
- Yes, a notary commission is valid in all U.S. states
- Yes, but only in bordering states like Vermont and Maine
- Yes, if the documents are to be used in New Hampshire
Correct answer: No, a NH notary's commission only authorizes acts performed within the state of New Hampshire
A NH notary commission is limited to the geographic boundaries of New Hampshire; notarial acts performed outside the state are unauthorized.
Question 6: What must a NH notary do if they change their name or address during their commission?
- Notify the NH Secretary of State of the change within a reasonable time (Correct answer)
- Do nothing; the change is only relevant upon renewal
- Immediately obtain a new commission under the new name
- Notify only their county recorder's office
Correct answer: Notify the NH Secretary of State of the change within a reasonable time
NH notaries are required to notify the Secretary of State of name or address changes during the commission term so records remain current.
NH Notary NH Notary Prohibited Acts and Liability 2
Under NH law, which of the following statements about a notary's seal is correct?