NV Notary Prohibited Acts and Ethics 2 — Questions and Answers
Question 1: A Nevada notary is asked to notarize a document for their spouse. What should the notary do?
- Decline, because notarizing for a spouse is prohibited due to the presumption of a direct beneficial interest (Correct answer)
- Proceed, as long as the spouse shows valid identification
- Proceed, but note the relationship in the journal
- Ask a supervisor for written permission first
Correct answer: Decline, because notarizing for a spouse is prohibited due to the presumption of a direct beneficial interest
Nevada law prohibits notarizing for a spouse or domestic partner because of the presumed beneficial interest.
Question 2: Which of the following actions would constitute the unauthorized practice of law by a Nevada notary?
- Advising a signer which type of notarial certificate best suits their legal needs (Correct answer)
- Completing a jurat at the signer's specific request
- Refusing to notarize a document with blank spaces
- Recording the notarization in the journal
Correct answer: Advising a signer which type of notarial certificate best suits their legal needs
Choosing the certificate type for a signer is legal advice, which non-attorney notaries may not give.
Question 3: A signer offers a Nevada notary a $50 tip on top of the maximum statutory fee for a great job. The notary should:
- Decline any amount that exceeds the fees authorized by Nevada statute (Correct answer)
- Accept it because tips are voluntary
- Accept it if the signer puts it in writing
- Accept it but report it as income to the Secretary of State
Correct answer: Decline any amount that exceeds the fees authorized by Nevada statute
Nevada notaries may not charge or accept more than the statutory maximum fees for notarial acts.
Question 4: Under Nevada law, a non-attorney notary who advertises notarial services in Spanish must:
- Post a notice in Spanish stating they are not an attorney and cannot give legal advice (Correct answer)
- Obtain a special bilingual endorsement from the Secretary of State
- Only advertise in English
- Register with the Nevada State Bar
Correct answer: Post a notice in Spanish stating they are not an attorney and cannot give legal advice
Non-attorney notaries advertising in a language other than English must post a disclaimer in that language stating they are not attorneys.
Question 5: A Nevada notary named as the grantee on a deed is asked to notarize that same deed. This is prohibited because:
- The notary has a direct beneficial interest in the transaction (Correct answer)
- Deeds can never be notarized in Nevada
- Only attorneys may notarize deeds
- Grantees must sign before a judge
Correct answer: The notary has a direct beneficial interest in the transaction
A notary may not notarize a transaction in which they are a party or have a direct beneficial interest.
Question 6: Which scenario is a prohibited act for a Nevada notary?
- Notarizing a signature the notary did not witness and whose signer never appeared (Correct answer)
- Notarizing for a coworker who personally appears with valid ID
- Charging less than the maximum statutory fee
- Refusing service to an intoxicated signer
Correct answer: Notarizing a signature the notary did not witness and whose signer never appeared
Notarizing without the signer's personal appearance is one of the most serious violations of Nevada notary law.
Question 7: A Nevada notary's employer demands the notary hand over the official stamp when leaving the job. The notary should:
- Refuse, because the stamp is the exclusive property of the notary (Correct answer)
- Comply, since the employer paid for it
- Split custody with the employer
- Mail the stamp to the Secretary of State immediately while still commissioned
Correct answer: Refuse, because the stamp is the exclusive property of the notary
The notary stamp and journal belong solely to the notary, regardless of who paid for them.
NV Notary Prohibited Acts and Ethics 2
A Nevada notary is asked to notarize a document for their spouse.
What should the notary do?