Prohibited Acts and Ethics Flashcards
7 cards from real NM NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Prohibited Acts and Ethics flashcards as text
A New Mexico notary is asked to notarize a deed in which the notary's spouse is the buyer. What should the notary do?
Answer: Refuse, because the notary is disqualified by a conflict of interest
A notary may not perform a notarial act when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.
Which of the following may a New Mexico notary who is not an attorney legally do?
Answer: Complete a notarial certificate selected by the signer or the signer's attorney
Completing a certificate chosen by the signer is ministerial, while advising, drafting, or explaining legal effects constitutes the unauthorized practice of law.
A signer presents a document with several blank spaces and asks for notarization, promising to fill them in later. The notary should:
Answer: Refuse to notarize until the document is complete
Notarizing an incomplete document is prohibited because blanks could be filled in later to commit fraud.
Why is it improper for a New Mexico notary who is not an attorney to advertise as a 'notario publico' without a disclaimer?
Answer: The term implies attorney-like authority in many Spanish-speaking countries and can mislead the public
In many Latin American countries a 'notario publico' is a licensed legal professional, so using the title without the required disclaimer deceives consumers about the notary's authority.
A notary's employer instructs her to notarize signatures on documents signed yesterday by employees who have gone home. The notary should:
Answer: Refuse, because the signers are not personally appearing before her
Personal appearance before the notary at the time of notarization is mandatory, and no employer instruction can override that requirement.
Which action by a New Mexico notary is a prohibited act?
Answer: Certifying a copy of a birth certificate
Notaries may not certify copies of vital records such as birth or death certificates, which must be obtained from the official custodian.
A notary suspects a frail, elderly signer is being pressured by a relative to sign over her house. Ethically, the notary should:
Answer: Refuse to notarize if the signer does not appear to be acting willingly
A notary must refuse when the signer does not appear competent or does not appear to be signing knowingly and voluntarily.