NV Notary - Nevada Notary Prohibited Acts and Ethics Questions and Answers 1 — Questions and Answers
Question 1: A Nevada notary is presented with a real estate deed for notarization. The notary is also the real estate agent for the transaction and will receive a commission from the sale. According to Nevada law, what is the correct course of action for the notary?
- Notarize the document, but waive the notarial fee to avoid a conflict of interest.
- Proceed with the notarization as long as the commission is disclosed in the notary journal.
- Refuse to notarize the document because the notary has a direct financial interest in the transaction. (Correct answer)
- Notarize the document, as being the real estate agent does not constitute a direct beneficial interest.
Correct answer: Refuse to notarize the document because the notary has a direct financial interest in the transaction.
NRS 240.065(1)(b) prohibits a notary public from performing a notarial act if they will receive a commission, fee, advantage, right, title, interest, property, or other consideration in excess of the authorized notarial fee directly from the transaction. Receiving a real estate commission qualifies as such a conflict of interest.
Question 2: Which of the following actions constitutes the unauthorized practice of law by a Nevada notary who is not an attorney?
- Informing a signer of the fee for a jurat before performing the notarial act.
- Advising a client to use an acknowledgment certificate instead of a jurat certificate for their document. (Correct answer)
- Refusing to notarize a document that is incomplete or contains blank spaces.
- Recording the title of the document being notarized in the official journal.
Correct answer: Advising a client to use an acknowledgment certificate instead of a jurat certificate for their document.
A non-attorney notary is prohibited from choosing the type of notarial certificate for a signer, as this constitutes giving legal advice. The signer must decide whether they need an acknowledgment, jurat, or other notarial act.
Question 3: A signer brings a pre-signed contract to a notary and asks for the notarization to be dated for the previous day, when the contract was actually signed. What is the notary's ethical and legal obligation?
- Comply with the request if the signer provides a written statement explaining the reason for the backdating.
- Refuse to backdate the notarial certificate and insist on using the current date of the notarial act. (Correct answer)
- Agree to backdate the document but charge an additional fee for the convenience.
- Suggest the signer re-sign the document with the current date before notarizing.
Correct answer: Refuse to backdate the notarial certificate and insist on using the current date of the notarial act.
A Nevada notary must use the date on which the notarial act was actually performed. Knowingly and willfully backdating or post-dating a notarial certificate is a serious prohibited act. The date in the certificate must correspond to the date the signer appeared before the notary.
Question 4: A Nevada notary who is not a licensed attorney wants to advertise their services in a Spanish-language newspaper. According to NRS 240.085, which of the following is strictly prohibited in the advertisement?
- Listing the official, state-approved fees for notarial services.
- Including the notary's commission expiration date and number.
- Using the phrase 'Notario Público' to describe their services. (Correct answer)
- Stating their business hours and location.
Correct answer: Using the phrase 'Notario Público' to describe their services.
NRS 240.085 explicitly prohibits a non-attorney notary from using the term 'notario,' 'notario publico,' 'licenciado,' or any equivalent non-English term because it can mislead the public into believing the notary is an attorney.
Question 5: A notary is asked to notarize a document for an elderly individual who seems confused and does not appear to understand the content or significance of the document they are signing. The signer's relative is present and insists the notarization proceed. What is the most appropriate ethical action for the notary to take?
- Proceed with the notarization since the relative is present to assist.
- Notarize the document but make a detailed note in the journal about the signer's confusion.
- Halt the notarization until the notary is confident the signer is aware and acting willingly. (Correct answer)
- Ask the relative to co-sign the document as a witness to the signer's state of mind.
Correct answer: Halt the notarization until the notary is confident the signer is aware and acting willingly.
While Nevada law does not explicitly require a notary to determine a signer's understanding, a core ethical duty is to ensure the signer is acting willingly and is not being coerced. If a notary has a reasonable belief that the signer is confused, incapacitated, or under duress, the notary should refuse to proceed with the notarization to prevent potential fraud or abuse.
Question 6: Under which circumstance is a Nevada notary permitted to notarize a document?
- When the document contains several blank spaces that the signer promises to fill in later.
- When the notary's own signature is the one being notarized.
- When the document is for the notary's sibling. (Correct answer)
- When the notarial certificate wording is missing from the document.
Correct answer: When the document is for the notary's sibling.
NRS 240.065 prohibits a notary from performing a notarial act if the person whose signature is to be notarized is a relative. However, a sibling is specifically listed as a type of relative for whom a notary *may* perform a notarial act, provided the notary has no other disqualifying interest. Notarizing a document with blank spaces, notarizing one's own signature, or stamping a document without a notarial certificate are all prohibited acts.
NV Notary - Nevada Notary Prohibited Acts and Ethics Questions and Answers 1
A Nevada notary is presented with a real estate deed for notarization.
The notary is also the real estate agent for the transaction and will receive a commission from the sale.
According to Nevada law, what is the correct course of action for the notary?