Notary Liability and Ethics Flashcards

If an Oregon notary is convicted of a felony, what is likely to happen to their commission?

Answer: The commission may be revoked by the Secretary of State

A felony conviction is grounds for the Secretary of State to revoke a notary commission due to the notary's demonstrated lack of fitness.

What is the appropriate response if a signer appears to be mentally incapacitated during a notarial act in Oregon?

Answer: Stop the notarization and refuse to proceed

If a signer appears mentally incapacitated and cannot understand what they are signing, the notary must stop and refuse to complete the notarial act.

What does it mean for an Oregon notary to act 'within the scope of their commission'?

Answer: Performing only those notarial acts authorized by Oregon law

Acting within the scope of commission means performing only the types of notarial acts specifically authorized under Oregon statutes.

Under Oregon law, who has authority to investigate complaints against a notary public?

Answer: The Oregon Secretary of State

The Oregon Secretary of State has authority to investigate complaints and take disciplinary action against notaries public.

An Oregon notary is offered a large tip to rush a notarization without properly verifying identity. What should the notary do?

Answer: Decline the tip and follow proper identification procedures

The notary must always follow proper identification procedures regardless of financial incentives and should decline any offer to bypass required steps.

What is the best practice for an Oregon notary who is unsure whether they may legally perform a requested notarial act?

Answer: Decline the act and consult legal guidance or the Secretary of State before proceeding

When uncertain about whether an act is authorized, a notary should decline and seek clarification from the Secretary of State or legal counsel before proceeding.