Notary Public Requirements Flashcards

Who legally owns a notary's official seal and journal in most states?

Answer: The notary personally

In most states the seal and journal belong to the notary even if an employer paid for them, and the notary must keep them secure.

What should a notary do if their official seal is lost or stolen?

Answer: Promptly notify the commissioning authority (and law enforcement if stolen) as state law requires

Most states require prompt notice of a lost or stolen seal to prevent fraudulent use.

A notary is asked to notarize a deed in which the notary is the buyer. What should the notary do?

Answer: Decline, because the notary has a direct beneficial interest

Notaries must not notarize documents in which they have a financial or beneficial interest, because that is a conflict of interest.

Which practice is generally prohibited for notaries who are not attorneys?

Answer: Giving legal advice or choosing the type of notarial certificate for the signer

Nonattorney notaries may not give legal advice, including telling a signer which notarial act or certificate they need.

A notary advertises in a non-English language. Many states require what?

Answer: A disclaimer stating the notary is not an attorney and cannot give legal advice, with fee information

States such as California and Texas require foreign-language notary ads to include a 'not an attorney' disclaimer and fee information.

What is generally true about the maximum fee a notary may charge?

Answer: States set maximum fees per notarial act, and charging more is a violation

State law sets maximum notary fees, and overcharging can lead to discipline.

Which is a typical consequence of a notary's official misconduct?

Answer: Suspension or revocation of the commission, civil liability, and possible criminal penalties

Misconduct can lead to administrative, civil, and criminal penalties, depending on how serious it is.