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
A notary advertises in Spanish using the phrase "notario público" without a disclaimer. Why is this a problem?
Answer: In many Latin American countries a notario is a high-level legal professional, so the phrase can mislead immigrants
Many states ban or restrict the use of "notario público" because it suggests legal authority that U.S. notaries do not have.
A customer asks a non-attorney notary to help fill out immigration forms and choose which visa category to apply for. What should the notary do?
Answer: Decline to give advice about the visa category, because that is the unauthorized practice of law
Advising someone on immigration options is legal advice, and immigration consultant fraud is a common area of notary misconduct.
A notary finds blank spaces in a document presented for notarization. What is the recommended practice?
Answer: Ask the signer to fill in the blanks or strike them through before notarizing
Blank spaces invite fraudulent changes after notarization, so they should be filled in or marked as not applicable by the signer.
A notary's commission expired last week, and they notarize a document today. What is the legal effect?
Answer: The notary acted without authority, which may be official misconduct and may make the act invalid
A notary has no authority to perform notarial acts after the commission expires.
In most states, what should a notary do if their official seal is lost or stolen?
Answer: Notify the commissioning authority, often the Secretary of State, promptly in writing
Most states require prompt written notice to the commissioning official when a seal is lost or stolen, to help prevent fraud.
An employer tells an employee-notary to notarize a signature for a person who is not present. What should the notary do?
Answer: Refuse, because the notary alone is responsible for following notary law
The notary holds the commission personally and is liable for misconduct, no matter what the employer instructs.
Which of the following is generally a notarial act a notary may NOT perform?
Answer: Certifying a copy of a birth certificate
Vital records such as birth certificates must be certified by the issuing public agency, not by a notary.