Notary Public Exam Duties & Responsibilities of a Notary 2 — Questions and Answers
Question 1: Which of the following is a core duty of a notary before performing a notarial act?
- Review the legal sufficiency of the document
- Verify the signer's identity using acceptable identification (Correct answer)
- Ensure the document has been reviewed by an attorney
- Confirm the document's contents are truthful
Correct answer: Verify the signer's identity using acceptable identification
A fundamental notary duty is to verify the identity of the signer using acceptable forms of identification before performing any notarial act.
Before performing a notarial act, the notary must verify the identity of each signer. Acceptable identification typically includes government-issued photo ID such as a driver's license, passport, or state ID card. The notary is not responsible for the accuracy of the document's contents but is responsible for properly identifying who signed it.
Question 2: A notary discovers mid-notarization that the document has blank spaces that could be filled in later. What is the correct response?
- Complete the notarization and note the blanks in the journal
- Refuse to notarize until all blanks are filled in or crossed out (Correct answer)
- Fill in the blanks on behalf of the signer
- Proceed because blank spaces are the signer's responsibility
Correct answer: Refuse to notarize until all blanks are filled in or crossed out
Notaries should refuse to notarize documents with blank spaces that could be completed after notarization, as this creates fraud risk. All blanks should be filled in or crossed out before notarization.
Notarizing a document with blank spaces is a serious risk because someone could fill in those blanks after the notarization, effectively altering the document. Best practice—and the law in many states—requires that all blanks be completed or lined through before the notary performs the act. The notary should ask the signer to complete or strike through any blanks.
Question 3: What is a notary's duty regarding the signer's willingness to sign?
- The notary must ensure the signer wants to sign and is not being coerced (Correct answer)
- The notary only needs to confirm the signer's identity, not their willingness
- The notary should encourage reluctant signers to proceed
- Willingness is assumed if the signer presents valid ID
Correct answer: The notary must ensure the signer wants to sign and is not being coerced
Confirming that a signer is acting of their own free will, without coercion or duress, is a core notary duty that helps prevent fraud and protects vulnerable signers.
A notary must be satisfied that the signer is acting voluntarily. Signs of coercion—such as another party answering questions for the signer, the signer appearing fearful, or the signer expressing hesitation—should prompt the notary to stop the proceeding. If a notary suspects coercion, they should speak with the signer privately and, if necessary, decline to notarize.
Question 4: How should a notary handle a situation where the signer does not speak English?
- Refuse to notarize because communication is impossible
- Use a qualified interpreter to communicate with the signer, ensuring they understand what they are signing (Correct answer)
- Proceed with the notarization without communicating, relying on the document itself
- Only notarize if the document is translated into the signer's language
Correct answer: Use a qualified interpreter to communicate with the signer, ensuring they understand what they are signing
A qualified interpreter can facilitate communication between a non-English-speaking signer and the notary, as long as the notary can still confirm identity, willingness, and awareness.
A notary may use an interpreter to communicate with a signer who does not speak English, provided the notary is satisfied that the interpreter is accurately conveying information. The notary must still be able to confirm the signer's identity and voluntary intent. Some states have specific rules about who may serve as interpreter and whether the interpreter's identity must be recorded.
Question 5: What should a notary do if they are asked to notarize a document they personally signed?
- Proceed because they can verify their own signature
- Refuse, as notarizing one's own signature is a conflict of interest (Correct answer)
- Notarize only if a witness is present
- Ask a co-worker to observe the notarization
Correct answer: Refuse, as notarizing one's own signature is a conflict of interest
A notary must never notarize a document they signed themselves. This is a direct conflict of interest and is prohibited because a notary must be an impartial, disinterested party.
One of the most basic rules of notarial practice is that a notary cannot notarize their own signature. The role of a notary requires impartiality—being a disinterested witness—and notarizing one's own document fundamentally violates this principle. In most states, this is explicitly prohibited by law and could result in commission revocation.
Question 6: A notary is asked to notarize a document backdated to a date in the past. What should they do?
- Comply if the signer explains a valid reason for the backdating
- Refuse, as backdating a notarial certificate constitutes fraud (Correct answer)
- Use the original date only in the journal entry
- Backdate only if the document was originally signed on that date
Correct answer: Refuse, as backdating a notarial certificate constitutes fraud
Backdating a notarial certificate is fraudulent and illegal regardless of the reason given. The certificate must always reflect the actual date on which the notarial act was performed.
The date on a notarial certificate must always be the actual date the notarial act was performed. Backdating a certificate—even at the signer's request with an explanation—constitutes fraud, can expose the notary to criminal liability and civil suits, and is grounds for commission revocation. No circumstance justifies using a false date on a notarial certificate.
Notary Public Exam Duties & Responsibilities of a Notary 2
Which of the following is a core duty of a notary before performing a notarial act?