Notary Public Best Practices & Methodologies 3 — Questions and Answers
Question 1: A document requires an acknowledgment but the signer wants a jurat instead. What should the notary do?
- Use whichever certificate the signer requests
- Explain the difference and notarize using the certificate appropriate for the document type (Correct answer)
- Refuse to notarize any document with conflicting instructions
- Perform both certificate types on the same document
Correct answer: Explain the difference and notarize using the certificate appropriate for the document type
The certificate type must match the notarial act required by the document; the notary should educate the signer but cannot change the legal requirement.
Question 2: A notary is asked to certify a copy of a birth certificate. What is best practice?
- Certify any document copy if the original is presented
- Check state law first — many states prohibit certified copies of vital records by notaries (Correct answer)
- Always certify copies to serve the customer
- Refer the signer to a copy shop for a certified copy
Correct answer: Check state law first — many states prohibit certified copies of vital records by notaries
Vital records such as birth certificates are typically issued only by government agencies, and many states prohibit notaries from certifying copies of them.
Question 3: A notary receives a subpoena related to a past notarization. What is the correct first step?
- Ignore it if the notarization was performed correctly
- Consult an attorney and preserve all related journal entries and records (Correct answer)
- Destroy the journal entry to protect client privacy
- Contact the opposing party directly
Correct answer: Consult an attorney and preserve all related journal entries and records
A subpoena is a legal command requiring proper legal guidance; the notary's records serve as evidence and must be preserved.
Question 4: What does 'reasonable care' mean in the context of notary best practices?
- Completing notarizations as quickly as possible
- Taking prudent steps to verify identity, willingness, and competence before notarizing (Correct answer)
- Only notarizing documents from known clients
- Charging fees that are fair and reasonable
Correct answer: Taking prudent steps to verify identity, willingness, and competence before notarizing
Reasonable care requires the notary to exercise professional diligence in every aspect of the notarial act to minimize errors and fraud.
Question 5: A signer asks the notary to explain what a legal document means before signing. What is the correct response?
- Explain the document thoroughly to be helpful
- Decline to interpret the document and suggest the signer consult an attorney (Correct answer)
- Refuse to notarize if the signer does not understand
- Summarize the key points only
Correct answer: Decline to interpret the document and suggest the signer consult an attorney
Explaining document meaning constitutes unauthorized practice of law; a notary should direct the signer to qualified legal counsel.
Question 6: Which is a best practice when a notary's commission expires while they have pending notarization requests?
- Complete the pending requests since they were initiated before expiration
- Renew the commission before performing any further notarizations (Correct answer)
- Perform notarizations only for existing clients until renewed
- Use a colleague's commission temporarily
Correct answer: Renew the commission before performing any further notarizations
An expired commission renders all subsequent notarizations invalid; the notary must renew before performing any further acts.
Question 7: Why should a notary avoid pre-signing notarial certificates?
- It increases turnaround time unnecessarily
- Pre-signed certificates can be attached to any document, enabling fraud (Correct answer)
- State fees are higher for pre-signed forms
- Ink may fade before use
Correct answer: Pre-signed certificates can be attached to any document, enabling fraud
A blank pre-signed certificate can be fraudulently attached to any document, making the notary complicit in potential document fraud.
Notary Public Best Practices & Methodologies 3
A document requires an acknowledgment but the signer wants a jurat instead.
What should the notary do?