Prohibited Acts & UPL Flashcards

A signer gives a notary a power of attorney with several blank lines and asks for it to be notarized now so the blanks can be filled in later. The notary should:

Answer: Refuse to notarize an incomplete record

A notary may not perform a notarial act on a record that is incomplete or has blank spaces.

Which statement about a Pennsylvania notary who is also a licensed Pennsylvania attorney is correct?

Answer: They may give legal advice because their law license authorizes it

The UPL restrictions apply to notaries who are not attorneys; a licensed attorney may give legal advice under the law license.

A non-attorney notary offers a 'document preparation' service in which they write the wording of affidavits for clients. This is:

Answer: Unauthorized practice of law

Drafting legal records for others is unauthorized practice of law for a non-attorney notary.

A notary's commission expired last week, but the notary still has the stamp. A friend needs an acknowledgment. The notary should:

Answer: Refuse, because performing notarial acts after the commission expires is prohibited

A notary may not perform notarial acts after the commission expires, and backdating would be official misconduct.

Which term is a non-attorney Pennsylvania notary specifically prohibited from using in advertising?

Answer: Notario Publico

Literal translations such as 'notario publico' suggest legal authority and are prohibited for non-attorney notaries.

A signer seems confused and cannot explain what the document is, though their ID is valid. What may the notary do?

Answer: Refuse to perform the act because the notary doubts the signer's competence or awareness

A notary may refuse when not satisfied that the signer is competent or is signing knowingly and voluntarily.

A notary completes an acknowledgment certificate stating that the signer personally appeared, but the signer actually signed at home and dropped the document off. This is:

Answer: A false certificate and official misconduct

Certifying a personal appearance that did not happen is a false statement and grounds for discipline and criminal penalties.