NJ Notary Ethical Conduct 2 — Questions and Answers
Question 1: A New Jersey notary public is asked by their employer to notarize documents that benefit the employer's business, for which the notary has a personal financial interest. What is the ethical requirement?
- The notary may proceed if the employer gives written permission
- The notary must disclose the conflict and decline the notarization (Correct answer)
- The notary may proceed since employer instructions take priority
- The notary may proceed if no fee is charged
Correct answer: The notary must disclose the conflict and decline the notarization
A notary with a personal financial interest in a transaction should disclose the conflict and decline to notarize, as impartiality is a core ethical obligation.
Notarial ethics require impartiality. When a notary has a direct financial interest in a transaction — such as being a party to the document or having a personal benefit — they should decline to notarize. This protects the integrity of the notarial act. An employer cannot override this ethical requirement. Even if not strictly prohibited by statute in every case, the Code of Professional Responsibility for NJ notaries emphasizes impartiality.
Question 2: Under New Jersey notary ethics, what is the proper response if a signer asks the notary to explain the legal meaning of the document they are about to sign?
- Provide a brief explanation as a professional courtesy
- Explain the document but do not charge extra
- Decline to explain and recommend the signer consult an attorney (Correct answer)
- Only explain documents in English
Correct answer: Decline to explain and recommend the signer consult an attorney
Explaining the legal meaning of a document constitutes practicing law. A non-attorney notary must decline and direct the signer to seek legal counsel.
Providing legal interpretations or advice about the meaning, enforceability, or legal effect of a document is the practice of law. New Jersey notaries who are not licensed attorneys must decline to interpret documents and must refer signers to an attorney. Even a brief explanation of legal terms or obligations crosses into unauthorized practice of law, which can result in criminal charges and loss of commission.
Question 3: A New Jersey notary who advertises notary services using the term 'notario publico' without a disclaimer is:
- Complying with state bilingual requirements
- Violating state law by creating a misleading impression (Correct answer)
- Permitted to do so in Spanish-speaking communities
- Required to do so if serving a Hispanic clientele
Correct answer: Violating state law by creating a misleading impression
In many Spanish-speaking countries 'notario publico' implies a legal professional equivalent to an attorney. New Jersey law prohibits using this term without a disclaimer clarifying the limited scope of a US notary's role.
In Latin American countries, a 'notario publico' is a highly trained legal professional equivalent to an attorney. New Jersey law prohibits notaries from advertising using the term 'notario publico' or similar terms without a disclaimer stating that the notary is not an attorney and cannot give legal advice. Using the term without this disclaimer misleads Spanish-speaking clients and is a violation that can result in fines and disciplinary action.
Question 4: Which behavior reflects proper ethical conduct for a New Jersey notary public?
- Completing a notarial certificate before the signer appears
- Refusing to notarize based on personal disagreement with the document's purpose
- Notarizing a blank document to save the signer time
- Treating all signers equally regardless of the document's content (Correct answer)
Correct answer: Treating all signers equally regardless of the document's content
Impartiality is a core ethical duty. A notary must treat all signers equally and may not discriminate or refuse based on personal disagreement with lawful document content.
A notary's ethical obligation of impartiality means serving all requesters equitably without regard to personal opinions about the document's purpose, as long as the act is lawful. Completing certificates before the signer appears, notarizing blank documents, or refusing lawful notarizations based on personal views are all ethical violations. The notary must refuse only when legal requirements are not met.
Question 5: A New Jersey notary public who discovers they made an error in a previously completed notarial certificate should:
- Destroy the original document and issue a corrected version
- Alter the existing certificate using correction fluid
- Contact the document principals and take appropriate corrective steps (Correct answer)
- Ignore the error if the document has already been submitted
Correct answer: Contact the document principals and take appropriate corrective steps
When an error is discovered, the notary should contact the relevant parties and follow proper procedures for correction, which may include re-performing the notarial act with a corrected certificate.
Altering a completed notarial certificate or destroying documents is improper and potentially fraudulent. The ethical course is to contact the document principals and, if needed, have the notarial act performed again with a correct certificate. The original flawed document should be retained for the record. The notary should document the error and corrective steps in their journal if one is maintained.
Question 6: Under New Jersey ethics rules, when may a notary public refuse to perform a notarial act for a willing and competent signer who has proper identification?
- When the notary personally dislikes the signer
- When the document involves a property outside NJ
- When the notary reasonably believes the act would be unlawful (Correct answer)
- When the signer cannot pay the maximum allowable fee
Correct answer: When the notary reasonably believes the act would be unlawful
A notary may lawfully refuse a notarial act only when they have reasonable belief the act would be improper or illegal — not based on personal feelings or the signer's ability to pay.
New Jersey notaries may decline a notarial act if they have a reasonable basis to believe performing the act would violate the law — for example, if the document appears to be fraudulent, the signer lacks capacity, or the act is prohibited by the Notary Public Act. Refusing based on personal dislike, discriminatory grounds, or the signer's inability to pay maximum fees is unethical and potentially illegal under anti-discrimination laws.
NJ Notary Ethical Conduct 2
A New Jersey notary public is asked by their employer to notarize documents that benefit the employer's business, for which the notary has a personal financial interest.
What is the ethical requirement?