Notary Public Exam Prohibited Acts and Penalties

Question 1

A notary who is not an attorney is asked by a signer which type of deed to use. What should the notary do?

Accepted Answer

Decline to advise and suggest the signer consult an attorney

Answer

Advising a signer on which legal document to use is giving legal advice, which is the unauthorized practice of law for a non-attorney notary.

Question 2

Which of the following is a prohibited act for a notary in virtually every state?

Accepted Answer

Notarizing a document when the signer is not physically or, where permitted, electronically present

Answer

Personal appearance of the signer before the notary is a fundamental requirement. Notarizing without the signer present is one of the most serious violations a notary can commit.

Question 3

A notary is asked to notarize a document in which the notary is named as a beneficiary. What is the correct action?

Accepted Answer

Refuse, because the notary has a disqualifying financial or beneficial interest

Answer

A notary may not notarize a document in which they have a direct financial or beneficial interest. The notary must be an impartial witness.

Question 4

Which of the following is generally considered a false certificate?

Accepted Answer

A certificate stating the signer personally appeared when the signer did not

Answer

A false certificate contains a statement the notary knows to be untrue, such as claiming personal appearance, identification, or an oath that never occurred. Issuing one is a serious offense.

Question 5

A non-attorney notary advertises in Spanish using the term 'notario publico'. Why is this a problem in many states?

Accepted Answer

In many Latin American countries a notario is a highly trained legal professional, so the term misleads the public into thinking the notary can give legal advice

Answer

Because a notario publico in many civil-law countries is an attorney-like official, several states prohibit non-attorney notaries from using the term or require a disclaimer that they are not attorneys.

Notary Public Exam Practice Test

Notary Public Exam Practice Test

Notary Public Exam Prohibited Acts and Penalties