Notary Exam Notary Ethics and Misconduct 2 — Questions and Answers
Question 1: Which of the following is something a notary should NEVER do?
- Charge a fee for a notarial act
- Keep a detailed notary journal
- Sign a blank notarial certificate before completing it (Correct answer)
- Use an official embossed seal
Correct answer: Sign a blank notarial certificate before completing it
Signing a blank certificate is a serious violation because the blank could be completed with fraudulent information, effectively pre-authorizing fraud.
Question 2: What is 'false certification' by a notary?
- Using an outdated seal design
- Certifying facts the notary knows to be untrue in a notarial certificate (Correct answer)
- Missing a single journal entry
- Charging below the standard fee
Correct answer: Certifying facts the notary knows to be untrue in a notarial certificate
False certification occurs when a notary knowingly makes false statements in a notarial certificate, such as claiming a signer appeared when they did not.
Question 3: What should a notary do if they suspect that a document they are asked to notarize may be fraudulent?
- Notarize it anyway to avoid confrontation
- Alter the document to correct it
- Refuse to notarize and report the situation if appropriate (Correct answer)
- Notify only the signer and proceed at their instruction
Correct answer: Refuse to notarize and report the situation if appropriate
A notary who suspects fraud should refuse to proceed and, depending on circumstances, report the matter to appropriate authorities to prevent harm.
Question 4: Can an employer legally require a notary employee to perform an improper notarial act?
- Yes, if the employer includes it in the employment contract
- No, the notary is personally and individually responsible for every notarial act they perform (Correct answer)
- Only if the employer indemnifies the notary in writing
- Yes, employers have supervisory authority over notaries
Correct answer: No, the notary is personally and individually responsible for every notarial act they perform
A notary cannot use employer pressure as a defense for improper notarizations—the commission belongs to the individual notary who bears full personal responsibility.
Question 5: A notary who discriminates in providing notarial services based on a person's race or religion is:
- Within their rights as an independent contractor
- Violating both civil rights laws and notary ethical standards (Correct answer)
- Only subject to private complaint, not legal action
- Acting appropriately if they have a personal reason
Correct answer: Violating both civil rights laws and notary ethical standards
Notaries are public officers who must serve all eligible members of the public equally and may not discriminate based on race, religion, or other protected characteristics.
Question 6: Can a notary be held personally liable for financial damages caused by their notarial errors?
- No, their notary bond fully covers all liability
- Yes, a notary can be sued in civil court for damages caused by their errors or misconduct (Correct answer)
- Only if they do not have E&O insurance
- Only for criminal acts, not civil matters
Correct answer: Yes, a notary can be sued in civil court for damages caused by their errors or misconduct
A notary faces personal civil liability for damages resulting from their improper acts; the bond covers some damages, but the notary may still be personally sued.
Notary Exam Notary Ethics and Misconduct 2
Which of the following is something a notary should NEVER do?