OK Notary Notary Liability and Ethics 1 — Questions and Answers
Question 1: An Oklahoma notary notarizes a document for a signer they know is being coerced. What is the notary's proper action?
- Proceed if the ID is valid
- Refuse to notarize and document the refusal (Correct answer)
- Notify the police immediately and then notarize
- Ask the coercer to leave and proceed
Correct answer: Refuse to notarize and document the refusal
A notary must refuse to notarize when they have reason to believe the signer is acting under duress or coercion.
Question 2: Which of the following is considered an ethical violation for an Oklahoma notary?
- Charging the maximum statutory fee
- Notarizing a document in which the notary has a financial interest (Correct answer)
- Refusing to notarize without personal knowledge of the signer
- Requiring identification before notarizing
Correct answer: Notarizing a document in which the notary has a financial interest
A notary with a direct financial interest in a document must refuse to notarize it to avoid a conflict of interest.
Question 3: What is 'notary negligence' in the context of Oklahoma notary law?
- Failing to charge the full statutory fee
- Failing to act with reasonable care, resulting in harm to a party (Correct answer)
- Performing notarizations outside business hours
- Refusing a notarization request
Correct answer: Failing to act with reasonable care, resulting in harm to a party
Notary negligence occurs when a notary fails to exercise reasonable care in performing their duties, causing harm to a party relying on the document.
Question 4: An Oklahoma notary is sued because they failed to verify a signer's identity and the document was fraudulent. Under which theory may the notary be liable?
- Strict liability
- Negligence (Correct answer)
- Breach of contract
- Intentional tort only
Correct answer: Negligence
Failure to properly verify a signer's identity is a breach of the notary's duty of care, potentially establishing negligence liability.
Question 5: What is the primary purpose of an Oklahoma notary's surety bond?
- To pay the notary's salary
- To compensate parties harmed by the notary's misconduct (Correct answer)
- To cover the notary's legal defense costs
- To insure the documents notarized
Correct answer: To compensate parties harmed by the notary's misconduct
The surety bond provides a source of compensation for members of the public who suffer financial harm due to the notary's negligence or misconduct.
Question 6: An Oklahoma notary who knowingly notarizes a forged signature may be charged with which crime?
- Misdemeanor breach of duty
- Felony fraud or forgery (Correct answer)
- Civil contempt only
- Administrative violation with no criminal exposure
Correct answer: Felony fraud or forgery
Knowingly participating in document fraud is a serious criminal offense that can rise to felony fraud or forgery charges under Oklahoma law.
OK Notary Notary Liability and Ethics 1
An Oklahoma notary notarizes a document for a signer they know is being coerced.
What is the notary's proper action?