Notary Liability and Ethics Flashcards

What is the primary ethical obligation of an Oregon notary public?

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.

An Oregon notary who knowingly certifies a false notarial certificate may face which consequence?

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.

Can a notary be held personally liable for errors made during notarization in Oregon?

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.

What should an Oregon notary do if asked to notarize a document they believe is fraudulent?

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.

Under Oregon law, practicing notarization after a commission has expired is:

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.

Is an Oregon notary allowed to provide legal advice to a signer?

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.