RI Notary - Rhode Island Notary Prohibited Acts and Misconduct Questions and Answers 1 — Questions and Answers
Question 1: A Rhode Island notary public who is not a licensed attorney is advertising their services in a local newspaper. Which of the following is a prohibited act?
- Including their commission expiration date in the advertisement.
- Listing the standard fees for notarial acts.
- Using the phrase 'notario publico' to attract Spanish-speaking clients. (Correct answer)
- Stating their hours of availability for notarial services.
Correct answer: Using the phrase 'notario publico' to attract Spanish-speaking clients.
According to Rhode Island General Laws § 42-30.1-18(c), a notary public who is not an attorney licensed to practice law in the state may not use the term 'notario' or 'notario publico'. This is to prevent the public from being misled into believing the notary is an attorney authorized to provide legal advice, especially regarding immigration matters.
Question 2: A man arrives at a notary's office with a power of attorney document that he needs notarized. The notary notices that the man is named as the agent in the document, and the notary is the man's spouse. What is the appropriate action for the notary to take?
- Notarize the document but make a note of the relationship in the journal.
- Proceed with the notarization since the notary is not a party to the transaction.
- Refuse to notarize the document due to a conflict of interest. (Correct answer)
- Ask another notary in the office to perform the notarization as a witness.
Correct answer: Refuse to notarize the document due to a conflict of interest.
A notary public must be an impartial witness. Notarizing a document for a spouse, especially when that spouse stands to gain authority or benefit from the document (like a power of attorney), presents a clear conflict of interest. The notary should refuse to perform the notarial act to avoid any appearance of impropriety and to ensure the integrity of the notarization.
Question 3: Which of the following actions constitutes the unauthorized practice of law by a Rhode Island notary who is not an attorney?
- Informing a signer of the fee for an acknowledgment before performing the act.
- Refusing to notarize a document that the notary believes to be fraudulent.
- Advising a client on which type of deed is best for their real estate transaction. (Correct answer)
- Administering an oath of office to a newly elected official.
Correct answer: Advising a client on which type of deed is best for their real estate transaction.
A notary public who is not an attorney is expressly prohibited from giving legal advice. Advising a client on the appropriate type of legal document, such as a deed, constitutes giving legal advice and is considered the unauthorized practice of law.
Question 4: A signer presents a document for notarization but refuses to take an oath or affirmation regarding the truthfulness of the statements within it. The notarial certificate requires a jurat. What is the notary's proper course of action?
- Cross out the jurat and write in an acknowledgment certificate.
- Refuse to perform the notarization. (Correct answer)
- Proceed with the notarization but note the refusal in the journal.
- Explain the legal consequences of not taking the oath and then sign.
Correct answer: Refuse to perform the notarization.
A jurat requires the signer to swear or affirm that the contents of the document are true. If the signer is unwilling to do so, the notary cannot complete the notarial act. The notary must refuse to notarize the document because a required element of the notarization cannot be fulfilled.
Question 5: Under what circumstances is it permissible for a Rhode Island notary to affix their signature and seal to an incomplete notarial certificate?
- When the signer promises to fill in the missing information immediately after the notary leaves.
- When an attorney, who is a party to the transaction, instructs the notary to do so and promises to complete it.
- When the notary is leaving for vacation and wants to leave pre-signed certificates for their boss.
- Under no circumstances. (Correct answer)
Correct answer: Under no circumstances.
A Rhode Island notary public should not affix their official signature or seal on a notarial certificate that is incomplete under any circumstances. Doing so is a serious form of misconduct that compromises the integrity of the entire notarial act and can facilitate fraud.
Question 6: A Rhode Island notary is asked to certify a copy of a birth certificate. The signer has the original document. Which of the following is the correct action for the notary to take?
- Make a photocopy, and notarize their own signature on a statement that it is a true copy.
- Refuse to certify the copy and direct the signer to the official agency that issues vital records. (Correct answer)
- Compare the photocopy to the original and, if it matches, affix their seal to the copy.
- Advise the signer to make a sworn statement that the copy is true and then notarize the signer's signature.
Correct answer: Refuse to certify the copy and direct the signer to the official agency that issues vital records.
Rhode Island notaries are prohibited from certifying copies of vital records, such as birth certificates, or any public record that can be obtained from an official source. The proper procedure is to direct the individual to the agency that holds the original record (e.g., the Department of Health, Division of Vital Records) to obtain a certified copy.
RI Notary - Rhode Island Notary Prohibited Acts and Misconduct Questions and Answers 1
A Rhode Island notary public who is not a licensed attorney is advertising their services in a local newspaper.
Which of the following is a prohibited act?