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Notary Law and Ethics Flashcards

7 cards from real NNA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Notary Law and Ethics flashcards as text

  1. A notary is asked to notarize a deed in which the notary's company is named as the grantee. What should the notary do?

    Answer: Decline, because the notary has a financial or beneficial interest in the transaction

    A notary must not notarize a document in which they have a direct financial or beneficial interest, because it compromises impartiality.

  2. A signer asks a non-attorney notary which type of notarial certificate to attach to their document. What is the proper response?

    Answer: Explain that the signer must decide or ask the document's issuer or an attorney

    Choosing the type of notarial act for a signer is legal advice, which counts as the unauthorized practice of law for a non-attorney notary.

  3. In most states, which reason is a valid ground for a notary to refuse a notarization?

    Answer: The notary believes the signer lacks awareness of what they are signing

    A notary should refuse if the signer appears unaware of the document's nature or unable to understand the act, but never for discriminatory reasons.

  4. A notary completes a notarization and the signer offers a $50 tip on top of the state's maximum fee. What should the notary do?

    Answer: Decline, because accepting more than the statutory maximum is generally prohibited

    Charging or accepting more than the maximum fee set by law is misconduct, even if it is offered as a tip.

  5. Which practice violates the requirement of personal appearance?

    Answer: The notary notarizes a signature after the signer phones in to confirm they signed

    For a traditional notarization, the signer must physically appear before the notary, so a phone confirmation is never enough.

  6. An acknowledgment certificate was completed with a date earlier than the actual notarization date at the signer's request. What is this practice called, and is it allowed?

    Answer: Backdating; it is fraudulent and prohibited

    Backdating a notarial certificate is a false statement and fraudulent, no matter who asks for it.

  7. What is the primary purpose of a notary's surety bond?

    Answer: To compensate members of the public harmed by the notary's misconduct or negligence

    A surety bond protects the public, and the notary must repay the surety company for any claims it pays.