OK Notary Notary Liability and Ethics 2 — Questions and Answers
Question 1: An Oklahoma notary is asked by their employer to backdate a notarization. What should the notary do?
- Comply if the employer takes responsibility in writing
- Refuse, as backdating is illegal and grounds for commission revocation (Correct answer)
- Comply only if the document was actually signed on the earlier date
- Ask the Secretary of State for guidance before proceeding
Correct answer: Refuse, as backdating is illegal and grounds for commission revocation
Backdating a notarization is illegal regardless of employer instruction and can result in commission revocation and criminal charges.
Question 2: What does 'unauthorized practice of law' mean in the context of an Oklahoma notary?
- Performing notarizations in a law office
- Providing legal advice, preparing legal documents, or explaining legal rights for compensation (Correct answer)
- Charging fees for notarial services
- Referring clients to an attorney
Correct answer: Providing legal advice, preparing legal documents, or explaining legal rights for compensation
Oklahoma notaries who are not licensed attorneys must not provide legal advice, draft legal documents, or explain legal implications of documents — this constitutes unauthorized practice of law.
Question 3: A notary in Oklahoma is presented with a document in a foreign language they cannot read. What is the proper action?
- Notarize only if the signer provides a translation
- Refuse if unable to determine the document's basic nature and the signer's awareness of its contents (Correct answer)
- Always notarize since the signer is responsible for the content
- Notarize and note the foreign language in the journal
Correct answer: Refuse if unable to determine the document's basic nature and the signer's awareness of its contents
If the notary cannot confirm the signer understands the document or determine its basic nature, they should refuse to notarize.
Question 4: Which ethical principle requires an Oklahoma notary to treat all clients equally regardless of background?
- The principle of impartiality (Correct answer)
- The principle of confidentiality
- The principle of loyalty
- The principle of accuracy
Correct answer: The principle of impartiality
Impartiality requires that a notary serve all eligible clients equally without discrimination based on race, religion, national origin, or other protected characteristics.
Question 5: What must an Oklahoma notary do if they discover they made an error in a completed notarization?
- Quietly correct the document without notifying anyone
- Notify the affected parties and correct the record if possible (Correct answer)
- Destroy the document and ask for re-signing
- Report themselves to the Secretary of State immediately
Correct answer: Notify the affected parties and correct the record if possible
Upon discovering an error, the notary should notify the affected parties and take corrective action, such as re-performing the notarization, when possible.
Question 6: An Oklahoma notary is approached by someone who offers a bribe to notarize a false statement. What is the correct response?
- Accept if the amount covers potential legal fees
- Firmly refuse and consider reporting the attempt to authorities (Correct answer)
- Refuse but not report unless the person insists
- Accept if the signer also signs a liability waiver
Correct answer: Firmly refuse and consider reporting the attempt to authorities
A notary must always refuse bribes and may report the attempted bribery to law enforcement, as accepting would constitute fraud and a serious crime.
OK Notary Notary Liability and Ethics 2
An Oklahoma notary is asked by their employer to backdate a notarization.
What should the notary do?