NV Notary Ethical Practices and Professional Conduct 2 — Questions and Answers
Question 1: A Nevada notary's neighbor asks them to notarize a deed for the neighbor's elderly mother, who is not present. What should the notary do?
- Refuse, because the signer must personally appear before the notary (Correct answer)
- Notarize it since the neighbor is trustworthy
- Notarize it if the neighbor provides the mother's ID
- Call the mother by phone to confirm consent
Correct answer: Refuse, because the signer must personally appear before the notary
Nevada law requires the signer to personally appear before the notary at the time of notarization; no exceptions exist for trusted third parties.
Question 2: A Nevada notary who is not an attorney is asked by a client which type of deed to use. The notary should:
- Decline to advise and suggest the client consult an attorney (Correct answer)
- Recommend a quitclaim deed since it is simplest
- Explain the differences and let the client choose
- Fill out the deed the notary thinks is best
Correct answer: Decline to advise and suggest the client consult an attorney
Advising on which legal document to use constitutes the unauthorized practice of law, which non-attorney notaries in Nevada must avoid.
Question 3: Which of the following may a Nevada notary legally charge a fee for?
- Administering an oath or affirmation (Correct answer)
- Refusing to perform a notarization
- Giving advice on completing a form
- Witnessing a signature without notarizing it
Correct answer: Administering an oath or affirmation
Nevada statute authorizes fees only for official notarial acts such as administering oaths, taking acknowledgments, and executing jurats.
Question 4: A Nevada notary is asked to notarize a document in which the notary is named as a beneficiary. The notary must:
- Refuse because they have a disqualifying financial interest (Correct answer)
- Proceed if a witness is present
- Proceed but waive the notary fee
- Proceed after disclosing the interest in the notarial certificate
Correct answer: Refuse because they have a disqualifying financial interest
Nevada prohibits a notary from performing a notarial act on a transaction in which the notary has a direct financial or beneficial interest.
Question 5: A non-attorney Nevada notary advertises notary services in Spanish. What additional statement is required?
- A notice that the notary is not an attorney and cannot give legal advice (Correct answer)
- A list of the notary's fees in both languages
- The notary's commission expiration date
- A disclaimer that translations are unofficial
Correct answer: A notice that the notary is not an attorney and cannot give legal advice
Nevada requires non-attorney notaries advertising in a language other than English to state that they are not attorneys and cannot give legal advice, because 'notario público' implies attorney status in many countries.
Question 6: A document signer appears confused and cannot explain what they are signing. The most ethical action for the Nevada notary is to:
- Refuse to notarize because the signer does not appear to understand the transaction (Correct answer)
- Notarize anyway since competency is not the notary's concern
- Ask a family member to explain and then notarize
- Notarize but note the confusion in the certificate
Correct answer: Refuse to notarize because the signer does not appear to understand the transaction
A notary should refuse to act when the signer does not appear willing and aware, since notarization requires apparent competence and willingness.
Question 7: A title company employer tells its Nevada notary employee to notarize documents for signers who never appeared. If the notary complies, who is legally responsible for the misconduct?
- The notary remains personally liable for the official misconduct (Correct answer)
- Only the employer, since it gave the order
- No one, if the documents were accurate
- Only the surety bond company
Correct answer: The notary remains personally liable for the official misconduct
A notary is personally responsible for their official acts and cannot excuse misconduct by claiming an employer ordered it, though the employer may share liability.
NV Notary Ethical Practices and Professional Conduct 2
A Nevada notary's neighbor asks them to notarize a deed for the neighbor's elderly mother, who is not present.
What should the notary do?