Notary Ethics and Misconduct Flashcards

What constitutes 'notarial misconduct'?

Answer: Performing notarial acts improperly, illegally, or without proper authority

Notarial misconduct encompasses any improper, illegal, or unauthorized performance of notarial duties, from failing to identify a signer to committing fraud.

What is 'unauthorized practice of law' (UPL) as it applies to notaries?

Answer: Providing legal advice, selecting documents, or drafting legal instruments without a law license

Notaries who are not licensed attorneys commit UPL when they advise signers on legal matters, explain a document's legal effect, or draft legal documents.

A notary who notarizes a document without the signer being personally present has committed what offense?

Answer: False or fraudulent notarization

Notarizing without personal appearance defeats the entire purpose of notarization and constitutes fraud, which can lead to criminal charges.

For what lawful reasons may a notary refuse to perform a notarization?

Answer: The signer cannot provide satisfactory identification or appears to be under duress

Legitimate grounds for refusal include lack of satisfactory ID, apparent coercion of the signer, incomplete documents, or the act being one the notary is not authorized to perform.

What are the potential consequences of notary fraud in the United States?

Answer: Consequences vary and can include fines, commission revocation, civil liability, and criminal charges

Notary fraud is a serious offense that can expose the notary to civil lawsuits, state disciplinary action, revocation of their commission, and criminal prosecution.

Under what circumstance should a notary refuse to notarize even if the signer has proper identification?

Answer: If the signer appears to be under duress or coercion

A notary must refuse when there are signs that the signer is being pressured or coerced, because a voluntary signature is a fundamental requirement of valid notarization.