Notary Public Professional Standards & Ethics 5 — Questions and Answers
Question 1: Which scenario represents an appropriate use of a notary's discretion to refuse service?
- Refusing to notarize for a person of a different religion
- Refusing to notarize when the signer appears to be under duress (Correct answer)
- Refusing to serve a client because the notary disagrees with the document's purpose
- Refusing to notarize on weekends as a personal policy
Correct answer: Refusing to notarize when the signer appears to be under duress
A notary may ethically refuse when there are clear signs of coercion, duress, or fraud threatening the integrity of the act.
Question 2: A mobile notary charges a travel fee in addition to the notarial fee. This practice is:
- Always prohibited under state law
- Permissible in most states as long as fees are disclosed upfront (Correct answer)
- Permissible only if the client requests the mobile service in writing
- Prohibited if the distance exceeds 10 miles
Correct answer: Permissible in most states as long as fees are disclosed upfront
Most states allow notaries to charge a separate travel fee, provided it is disclosed to the client before the appointment.
Question 3: A notary is approached to notarize a document that appears to be fraudulent. The notary should:
- Notarize and note concerns in the journal
- Refuse the notarization and, if appropriate, report it to law enforcement (Correct answer)
- Ask the signer to revise the document before notarizing
- Notarize with a disclaimer that authenticity was not verified
Correct answer: Refuse the notarization and, if appropriate, report it to law enforcement
Notarizing a document the notary believes to be fraudulent makes them complicit in the fraud; refusal and reporting are appropriate.
Question 4: A notary is commissioned in State A and asked to notarize a document for someone located in State B via remote online notarization (RON). Which law governs the notarization?
- The law of State B, where the signer is located
- The law of State A, where the notary is commissioned (Correct answer)
- Federal notarization law, which supersedes state law
- The law of whichever state issued the document
Correct answer: The law of State A, where the notary is commissioned
For remote online notarizations, the notary's commissioning state law generally governs the notarial act.
Question 5: What is the ethical significance of a notary maintaining a detailed notarial journal?
- It satisfies tax reporting requirements for notary income
- It provides a record that can verify or defend the notary's actions if questioned (Correct answer)
- It is required only for high-value real estate transactions
- It is optional but helps with marketing to repeat clients
Correct answer: It provides a record that can verify or defend the notary's actions if questioned
A journal creates an official record of notarial acts that can protect both the notary and the public if a notarization is ever challenged.
Question 6: A notary public who is also a licensed attorney notarizes a document they drafted for a client. This is:
- Always permissible because attorneys have higher credentials
- Potentially problematic due to a conflict of interest, depending on state law (Correct answer)
- Prohibited in all states under dual-role rules
- Acceptable only if the client signs a conflict waiver
Correct answer: Potentially problematic due to a conflict of interest, depending on state law
Notarizing one's own legal work creates a potential conflict of interest, and many states restrict or prohibit this practice.
Question 7: Which of the following is an example of a notary acting with integrity under pressure?
- Completing a notarization quickly to avoid a client's frustration
- Refusing to alter a notarial certificate even when threatened by the signer (Correct answer)
- Waiving the identification requirement for a long-time trusted client
- Notarizing a blank document because the signer promises to fill it in later
Correct answer: Refusing to alter a notarial certificate even when threatened by the signer
Integrity means upholding legal and ethical requirements even when faced with pressure or intimidation from signers.
Notary Public Professional Standards & Ethics 5
Which scenario represents an appropriate use of a notary's discretion to refuse service?