NNA Ethics and Professional Responsibility 2 — Questions and Answers
Question 1: A notary's employer instructs them to notarize a document for a client who is not present. What should the notary do?
- Notarize it if the employer vouches for the signer
- Notarize it because the employer accepts liability
- Refuse, because the signer must personally appear (Correct answer)
- Notarize it and note the absence in the journal
Correct answer: Refuse, because the signer must personally appear
Personal appearance is required, and an employer's instructions do not override the notary's legal duties.
Question 2: A signer asks the notary which type of deed they should use to transfer property to their child. A non-attorney notary should:
- Recommend a warranty deed to protect the child
- Choose the deed and fill it out for a small fee
- Recommend a quitclaim deed because it is simplest
- Decline to advise and suggest the signer consult an attorney (Correct answer)
Correct answer: Decline to advise and suggest the signer consult an attorney
Choosing a legal document for someone is the unauthorized practice of law.
Question 3: Under most state laws, which situation creates a disqualifying financial interest for a notary?
- The notary is a party who will receive property under the document (Correct answer)
- The notary works for the same company as the signer
- The notary has notarized for the signer before
- The notary is paid the statutory fee for the notarization
Correct answer: The notary is a party who will receive property under the document
A notary who directly benefits from the transaction has a disqualifying interest and should not notarize.
Question 4: A notary who is not an attorney places an ad that says 'Notario Publico' in a Spanish-language newspaper. Why is this a problem?
- Notaries may never advertise their services
- The term suggests to many immigrants that the notary is a licensed attorney (Correct answer)
- The ad must also list the commission expiration date
- Ads must be in English only
Correct answer: The term suggests to many immigrants that the notary is a licensed attorney
In many Latin American countries a notario is a high-level legal professional, so the term misleads people and is banned or restricted in many states.
Question 5: What is the most ethical response when a signer seems confused and cannot explain what the document is?
- Go ahead because awareness is the signer's responsibility
- Explain the legal effect of the document in detail
- Decline to notarize if the notary reasonably doubts the signer's awareness (Correct answer)
- Ask a family member to sign on the signer's behalf
Correct answer: Decline to notarize if the notary reasonably doubts the signer's awareness
Notaries should make a reasonable judgment that the signer is aware and willing, and decline when serious doubt exists.
Question 6: A notary charges $25 for an acknowledgment when the state's maximum fee is $10. This is:
- Allowed if the signer agrees in advance
- Allowed for after-hours appointments
- Allowed if the extra amount is recorded as a tip
- An overcharge that can lead to discipline (Correct answer)
Correct answer: An overcharge that can lead to discipline
Charging more than the statutory maximum for the notarial act itself is misconduct, though separate travel fees may be allowed where state law permits.
Question 7: The NNA's Notary Public Code of Professional Responsibility mainly serves to:
- Give ethical guidance that goes beyond the minimum legal requirements (Correct answer)
- Set the fees notaries must charge
- License notaries in every state
- Replace state notary statutes
Correct answer: Give ethical guidance that goes beyond the minimum legal requirements
The Code sets best-practice standards and does not replace state law.
NNA Ethics and Professional Responsibility 2
A notary's employer instructs them to notarize a document for a client who is not present.
What should the notary do?