Prohibited Acts and Ethics Flashcards

A signer offers a notary a $100 tip to overlook that his driver's license expired two years ago. The ethical response is to:

Answer: Refuse both the tip and the notarization until satisfactory identification is presented

Accepting payment to bypass identification requirements is corrupt conduct, and the notarization must wait for satisfactory evidence of identity.

Which advertising statement by a non-attorney New Mexico notary is permissible?

Answer: 'Notary public services available - I am not an attorney and cannot give legal advice'

A non-attorney notary may advertise notarial services only with truthful statements and required disclaimers, never implying legal expertise.

A notary is a named beneficiary in a will she is asked to notarize. She should:

Answer: Decline because she has a direct beneficial interest in the document

A notary with a direct beneficial interest in a document is disqualified from notarizing it, and disclosure does not cure the conflict.

During a remote scenario, a coworker suggests the notary simply mail her stamp to a branch office so staff there can 'finish' notarizations she starts by video chat. This plan is:

Answer: Prohibited, because the stamp must stay in the notary's sole possession and acts must follow authorized procedures

Surrendering control of the official stamp and splitting a notarial act among unauthorized persons violates the notary's exclusive duties.

A notary personally opposes a couple's business deal on moral grounds, though all legal requirements for the notarization are met. Refusing solely for that reason is:

Answer: Improper, because a notary should not refuse based on personal disapproval when all legal requirements are satisfied

Notaries serve the public impartially and should not refuse lawful requests based on personal bias or disapproval of the transaction.

A notary learns that a certificate she completed contains her genuine signature but a coworker later photocopied the stamp onto other documents. Her first obligations include:

Answer: Reporting the misuse and cooperating so the fraudulent acts can be addressed

A notary who discovers misuse of her seal should report it and cooperate with authorities rather than conceal or attempt to ratify the fraud.

Which scenario shows a notary properly separating her official role from her private interests?

Answer: Referring her sister to a different notary for the sale contract between them

Sending a transaction in which she is personally involved to another notary is the correct way to avoid a conflict of interest.