Notary Ethics and Misconduct Flashcards

Which of the following is something a notary should NEVER do?

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.

What is 'false certification' by a notary?

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.

What should a notary do if they suspect that a document they are asked to notarize may be fraudulent?

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.

Can an employer legally require a notary employee to perform an improper notarial act?

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.

A notary who discriminates in providing notarial services based on a person's race or religion is:

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.

Can a notary be held personally liable for financial damages caused by their notarial errors?

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.