Ethics and Professional Responsibility Flashcards

A notary has notarized for a signer and later finds out the ID was fake. What protects the notary most?

Answer: A complete journal entry showing reasonable care in checking the ID

A detailed journal entry shows the notary used reasonable care, which is a key defense.

Can a notary who is also a real estate agent notarize documents for a sale in which they will earn a commission?

Answer: Generally no, because the commission is a direct financial interest

Earning a commission that depends on the transaction is generally a disqualifying interest.

A person asks the notary to certify that a photocopy of a birth certificate is a true copy. In most states, the notary should:

Answer: Decline and send the person to the vital records office that issued it

Most states do not allow notaries to certify copies of vital records, which only the issuing agency can certify.

When a notary is unsure whether a requested act is allowed under state law, the ethical choice is to:

Answer: Ask the commissioning authority or decline until the question is resolved

Notaries should act only within their authority and look for official guidance when in doubt.

A notary posts photos of customers' notarized documents on social media to promote their business. This is:

Answer: A breach of signer privacy and confidentiality

Notaries should protect the private information they see during notarizations.

Which advertising statement by a non-attorney notary is acceptable?

Answer: 'Notary services: acknowledgments and jurats'

Simply describing notarial services is fine, while suggesting legal skill is misleading.

A notary's commission expired last week, but a longtime client asks for one quick notarization. The notary should:

Answer: Refuse, because acting without a valid commission is illegal

Notarial acts performed without a current commission are unauthorized and may be invalid.