Notary Liability and Ethics Flashcards

An Oklahoma notary notarizes a document for a signer they know is being coerced. What is the notary's proper action?

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.

Which of the following is considered an ethical violation for an Oklahoma notary?

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.

What is 'notary negligence' in the context of Oklahoma notary law?

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.

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?

Answer: Negligence

Failure to properly verify a signer's identity is a breach of the notary's duty of care, potentially establishing negligence liability.

What is the primary purpose of an Oklahoma notary's surety bond?

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.

An Oklahoma notary who knowingly notarizes a forged signature may be charged with which crime?

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.