OR Notary Notary Liability and Ethics 1 — Questions and Answers
Question 1: What is the primary ethical obligation of an Oregon notary public?
- To act as an impartial witness and not favor any party (Correct answer)
- To advocate for the signer's interests
- To ensure the document benefits the public
- To verify the legal accuracy of all documents notarized
Correct answer: To act as an impartial witness and not favor any party
Notaries must remain impartial and serve as unbiased witnesses, not advocates for any party to a transaction.
Question 2: An Oregon notary who knowingly certifies a false notarial certificate may face which consequence?
- Criminal charges including forgery or perjury (Correct answer)
- Only a civil fine from the Secretary of State
- Commission suspension for 30 days maximum
- A written warning letter from the county clerk
Correct answer: Criminal charges including forgery or perjury
Knowingly certifying a false notarial act can constitute forgery or perjury, both serious criminal offenses under Oregon law.
Question 3: Can a notary be held personally liable for errors made during notarization in Oregon?
- Yes, notaries can face civil liability for damages caused by negligent notarization (Correct answer)
- No, the state indemnifies all notaries from liability
- Only if the error involved a real estate transaction
- Only if the notary charged a fee for the act
Correct answer: Yes, notaries can face civil liability for damages caused by negligent notarization
Oregon notaries can be held personally liable in civil court if their negligence during notarization causes financial harm to a party.
Question 4: What should an Oregon notary do if asked to notarize a document they believe is fraudulent?
- Refuse to notarize the document (Correct answer)
- Notarize it but note the concern in the journal
- Proceed if the signer provides identification
- Contact the document's recipient before proceeding
Correct answer: Refuse to notarize the document
A notary must refuse to notarize any document they believe is fraudulent to avoid participating in potential illegal activity.
Question 5: Under Oregon law, practicing notarization after a commission has expired is:
- A violation that can result in civil and criminal penalties (Correct answer)
- Permissible for 30 days after expiration
- Allowed only for documents previously started
- Not a violation if the notary has applied for renewal
Correct answer: A violation that can result in civil and criminal penalties
Performing notarial acts after commission expiration is unauthorized practice and can result in both civil and criminal penalties.
Question 6: Is an Oregon notary allowed to provide legal advice to a signer?
- No, unless the notary is also a licensed attorney (Correct answer)
- Yes, notaries may explain legal documents as part of their role
- Yes, if the signer requests it
- No, but notaries may explain general legal definitions
Correct answer: No, unless the notary is also a licensed attorney
Oregon notaries may not provide legal advice unless they are separately licensed as attorneys, as doing so constitutes unauthorized practice of law.
OR Notary Notary Liability and Ethics 1
What is the primary ethical obligation of an Oregon notary public?