NV Notary Ethical Practices and Professional Conduct 3 — Questions and Answers
Question 1: A Nevada notary's spouse asks the notary to notarize the spouse's signature on a car title. The notary should:
- Decline if the notary has a financial or beneficial interest in the transaction (Correct answer)
- Always notarize since spouses are exempt from restrictions
- Notarize only if a second notary co-signs
- Notarize but charge double the fee
Correct answer: Decline if the notary has a financial or beneficial interest in the transaction
Nevada bars notarizations where the notary has a financial or beneficial interest, which commonly arises in transactions involving a spouse's jointly held property.
Question 2: A signer offers a Nevada notary a $100 tip to backdate a notarial certificate by one week. The notary should:
- Refuse, because falsifying the date on a certificate is illegal regardless of payment (Correct answer)
- Accept, since tips are separate from official fees
- Backdate it but record the true date in the journal
- Backdate it only if the signer signs a waiver
Correct answer: Refuse, because falsifying the date on a certificate is illegal regardless of payment
A notarial certificate must state the true date of the notarization, and falsifying it is official misconduct subject to civil and criminal penalties.
Question 3: Which action best demonstrates a Nevada notary's duty of impartiality?
- Providing the same service and fee standards to all lawful requesters (Correct answer)
- Serving only clients of the notary's employer
- Offering discounts to friends and family
- Declining service to customers who seem difficult
Correct answer: Providing the same service and fee standards to all lawful requesters
Impartiality means a notary serves all lawful requesters equally and does not discriminate or favor particular parties.
Question 4: A Nevada notary discovers that a document they are asked to notarize contains blank spaces. Ethically, the notary should:
- Ask the signer to complete or line through the blanks before notarizing (Correct answer)
- Notarize and let the signer fill in blanks later
- Fill in the blanks based on the signer's verbal instructions
- Notarize only the completed pages
Correct answer: Ask the signer to complete or line through the blanks before notarizing
Nevada notaries may not notarize documents containing blank spaces that could be fraudulently completed after notarization.
Question 5: A lender asks a Nevada notary to hand over their official journal so the lender can store it. The notary should:
- Refuse, because the notary must keep the journal in their exclusive control (Correct answer)
- Comply, since the lender paid for the notarizations
- Give a photocopy of the entire journal
- Split custody between the notary and the lender
Correct answer: Refuse, because the notary must keep the journal in their exclusive control
The notary journal is the notary's own record and must remain under the notary's exclusive custody and control, even when an employer paid for the commission.
Question 6: A Nevada notary is asked to notarize a document for a person who refuses to remove sunglasses and a hood, making identification difficult. The notary should:
- Decline unless the person can be properly identified per Nevada requirements (Correct answer)
- Notarize based on the ID photo alone
- Notarize if a bystander vouches for the person
- Notarize but write 'identity uncertain' in the certificate
Correct answer: Decline unless the person can be properly identified per Nevada requirements
A notary must be able to satisfactorily identify the signer, and should refuse when reliable identification cannot be established.
Question 7: After resigning their commission, a former Nevada notary continues stamping documents 'to help old clients finish paperwork.' This conduct is:
- Illegal, because performing notarial acts without an active commission is prohibited (Correct answer)
- Acceptable for 30 days after resignation
- Acceptable if no fee is charged
- Acceptable for repeat clients only
Correct answer: Illegal, because performing notarial acts without an active commission is prohibited
Only persons holding an active Nevada notary commission may perform notarial acts; acting after resignation or expiration is unlawful.
NV Notary Ethical Practices and Professional Conduct 3
A Nevada notary's spouse asks the notary to notarize the spouse's signature on a car title.
The notary should: