OR Notary Notary Liability and Ethics 2 — Questions and Answers
Question 1: What is the consequence for an Oregon notary who refuses to perform a notarial act based on the signer's race, religion, or national origin?
- It is a civil rights violation and grounds for commission revocation (Correct answer)
- It is permissible if the notary has a religious objection
- It is only actionable if the signer files a formal complaint
- There is no specific penalty under Oregon notary law
Correct answer: It is a civil rights violation and grounds for commission revocation
Refusing notarial services based on protected characteristics violates civil rights laws and is grounds for revocation of the notary commission.
Question 2: A notary in Oregon is approached by a family member to notarize a will naming the notary as a beneficiary. What should the notary do?
- Decline and suggest using a different notary (Correct answer)
- Proceed since family members are trusted parties
- Notarize it only if a witness is present
- Notarize it and disclose the conflict in the journal
Correct answer: Decline and suggest using a different notary
A notary with a beneficial interest in the document has a conflict of interest and must decline to notarize it.
Question 3: Which best describes 'notary errors and omissions' (E&O) insurance?
- Coverage protecting the notary against claims arising from unintentional mistakes (Correct answer)
- Insurance covering fraud committed by the notary
- A state fund that compensates notarization errors
- Required liability coverage mandated by Oregon law
Correct answer: Coverage protecting the notary against claims arising from unintentional mistakes
E&O insurance protects notaries from financial liability resulting from unintentional errors or omissions in their official duties.
Question 4: What must an Oregon notary do upon a change of their legal name?
- Notify the Secretary of State and update their commission records (Correct answer)
- Continue using their old name on all documents until renewal
- Obtain a new seal immediately without notifying the state
- File a name change notice with the county clerk only
Correct answer: Notify the Secretary of State and update their commission records
Oregon notaries must notify the Secretary of State of legal name changes and update their commission and seal accordingly.
Question 5: Can an Oregon notary's commission be revoked for misconduct unrelated to notarial duties?
- Yes, if the misconduct demonstrates unfitness to serve as a notary (Correct answer)
- No, only notarial misconduct is grounds for revocation
- Only if the misconduct involves financial crimes
- Only if the misconduct is a felony conviction
Correct answer: Yes, if the misconduct demonstrates unfitness to serve as a notary
Oregon may revoke a notary commission for conduct that demonstrates the notary is unfit to hold the position, even if unrelated to notarial acts.
Question 6: What is 'unauthorized practice of law' in the context of Oregon notary services?
- Providing legal advice, drafting legal documents, or representing clients without a law license (Correct answer)
- Charging fees for notarial services
- Notarizing documents for out-of-state parties
- Using a rubber stamp seal instead of an embosser
Correct answer: Providing legal advice, drafting legal documents, or representing clients without a law license
Unauthorized practice of law occurs when a notary provides legal advice or services that require a law license, which notaries are prohibited from doing.
OR Notary Notary Liability and Ethics 2
What is the consequence for an Oregon notary who refuses to perform a notarial act based on the signer's race, religion, or national origin?