WY NOTARY Prohibited Acts and Misconduct Questions and Answers

Question 1

A Wyoming notary is asked to notarize a real estate deed. The notary's spouse is a co-signer on the loan for the property being sold and will receive a portion of the proceeds. Which of the following is the correct action for the notary to take?

Accepted Answer

Refuse to notarize the document due to a direct beneficial interest.

Answer

Wyoming statute § 32-3-123(a)(i) prohibits a notarial officer from performing a notarial act with respect to a record in which the officer's spouse or civil partner has a direct beneficial interest. Because the spouse will receive proceeds from the sale, a direct beneficial interest exists, and the notary must refuse.

Question 2

A non-attorney Wyoming notary is fluent in Spanish and advertises their services in a local Spanish-language newspaper. Which of the following actions constitutes a prohibited act?

Accepted Answer

Using the term "Notario Publico" in the advertisement to attract Spanish-speaking clients.

Answer

Wyoming statute § 32-3-123(d) explicitly prohibits a notary public who is not an attorney from using the term "notario" or "notario publico". This is to prevent misleading the public into believing the notary can provide legal advice, as the term implies in many other countries.

Question 3

Which of the following actions by a Wyoming notary constitutes the unauthorized practice of law?

Accepted Answer

Advising a client on which type of power of attorney form is best for their situation.

Answer

According to Wyoming statute § 32-3-123(b)(i), a notary commission does not authorize an individual to assist persons in drafting legal records or give legal advice. Advising on the appropriate type of legal document, such as a power of attorney, is considered giving legal advice and is a prohibited act for a non-attorney notary.

Question 4

A client presents a complex financial document to a Wyoming notary and asks the notary to "look it over and make sure it's all legal" before notarizing the signature. What is the notary's proper response?

Accepted Answer

Explain that the notary is prohibited from attesting to the lawfulness or accuracy of a document and can only notarize the signature.

Answer

Wyoming statute § 32-3-123(a)(vi) prohibits a notarial officer from investigating, ascertaining, or attesting to the lawfulness, propriety, accuracy, or truthfulness of a record. The notary's duty is to perform the notarial act on the signature, not to validate the content of the document.

Question 5

A Wyoming notary is convicted of a felony for tax evasion. According to Wyoming law, what is the notary's required action regarding their commission?

Accepted Answer

Notify the Secretary of State in writing within thirty (30) days of the conviction.

Answer

Wyoming statute § 32-3-122(c) requires a notary public who is convicted of or pleads guilty or no contest to a felony or a crime involving fraud, dishonesty, or deceit to notify the Secretary of State by written notice within thirty days of the conviction or plea. This conviction is grounds for the Secretary of State to revoke the commission.

WY Notary - Wyoming Notary Exam Practice Test

WY Notary - Wyoming Notary Exam Practice Test

WY NOTARY Prohibited Acts and Misconduct Questions and Answers